Supreme Court Rules Strip Search Went Too Far

Pete Strom — Tue, 30 Jun 2009 15:37:48 GMT

Students have always faced potential criminal penalties for violating state laws involving illegal drugs and drug possession.

In efforts to keep the school drug free and prevent drug possession and drug abuse, many schools also impose strict punishment for students caught possessing drugs. Recently many schools have begun banning, and punishing, students in possession of legal drugs, including ibuprofen.

Are they going too far?

Student’s rights in public schools have been the topic of several lawsuits filed by parents who believe school officials have gone too far to prevent drug abuse, violating their children’s rights in the process.

Just two years ago, the United States Supreme Court ruled that it was reasonable for a principal to conclude that a banner reading “Bong Hits 4 Jesus” promoted illegal drug use, and that the school could suppress the student’s right to free speech in order to fight drug abuse.

On June 26, 2009, the Supreme Court ruled that a middle school’s strip search of a 13-year-old student, Savana Redding, who school officials believed possessed ibuprofen, yes ibuprofen, was unconstitutional and went too far.

Savana Redding’s backpack and outer clothing were searched by Assistant Principal Kerry Wilson (with consent) after another student in possession of several pills told school officials she had gotten them from Ms. Redding. When no drugs were found, Ms. Redding was escorted to the nurse’s office where two female school employees forced her to shake out her bra and panties to ensure nothing was hidden in her undergarments. No pills or other contraband were found.

While the court ruled the strip search was unconstitutional, the Court found that the initial search of her outer clothing and backpack was justified. Although the court found that school officials had reasonable suspicion to search Ms. Redding’s outer clothing and backpack, there was no reasonable suspicion to believe she had contraband hidden in her underwear. The Court further noted that Ms. Redding did not pose a threat of present danger to other students. Her experience was described as “embarrassing, frightening, and humiliating.”

Wondering what happened to the officials who ordered the search?

The Court found that because the initial search was authorized and the law regarding strip searches of students was not clearly established at the time the search was conducted that the Assistant Principal would not be liable. With this decision now on the books, it will be interesting to see how the Court applies this case in the future.

Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles personal injury, criminal defense, defective products, class actions, pharmaceutical liability, toxic torts, medical malpractice, nursing home neglect, workers compensation, social security, veteran's benefits, qui tam, predatory lending, tax investigations, business litigation, and wills and estates. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, Georgia, Florida, and the District of Columbia.

Originally posted at InjuryBoard by Pete Strom

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Supreme Court Rules Strip Search Went Too Far