Strip
searches
In an age of warrantless wiretaps, Google Earth, stealth satellites and a continued dismantling of Americans' privacy rights under the guise of the war on terror, it's refreshing to discover somebody -- anybody -- standing up for liberties supposedly guaranteed by the U.S. Constitution and its accompanying amendments.
This week, it was ruled unreasonable for an Arizona middle school to strip-search an honor student with no disciplinary history looking for prescription-strength ibuprofen another student claimed the young girl had in her possession. School officials did not find any such banned pills on 13-year-old Savana Redding -- but their decision to make the student take off all of her clothes in the process led to a lawsuit against the school.
Safford Unified School District v. April Redding made it all the way to the U.S. Supreme Court before common sense was affirmed. The court ruled 8-1 the school had overstepped its legal authority by removing the girl's clothes.
The Fourth Amendment would appear clear in its wording: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Granted, educators face a challenging task in ensuring environments that are safe. Metropolitan schools in particular are under ever-increasing pressure to create peaceful havens that allow learning to take place. As a result, it shocks nobody when drug dogs are brought in, metal detectors are installed, security cameras capture every nook and cranny or laws are passed prohibiting weapons, drugs, liquor stores and child predators to be anywhere on or near a campus. We even welcome such measures. And courts have long held schools only need reasonable suspicions, not probable cause, to initiate procedures intended to ensure safety for others.
We are pleased the high court distinguishes this case as different. At Safford Middle School, one student who was caught with the equivalent of Advil said she had procured it from Savana Redding. Questioning Savana about it, searching her pockets or even opening her bookbag all were reasonable steps to take. Forcing her to remove all her clothing was not.
The Supreme Court got this one right.
Editorial by Patrick Lowry