Friday, October 25, 2013

Bill of Rights Article Analysis

            "Strip-Search of Girl Tests Limit of School Policy" by Adam Liptak

            In regards to a strip-search in an Arizona middle school ten years ago, a Supreme Court case was presented to the U.S. Court of Appeals and ruled unconstitutional.  Thirteen-year-old Savana Redding, who was accused of carrying prescription Ibuprofen, was searched by her school officials who had not obtained a warrant.  Some believed that the board of education’s decision was constitutional because they had probable cause.  On the other hand, many others felt that the search was completely unconstitutional because it was an invasion of privacy was an example of unreasonable search and seizure.   The search was an invasion of privacy and violated the Fourth Amendment.  The school tried to justify their decision by claiming that they had a specified reason, which proved false.  They later accused Savana of serving alcohol at a party earlier that year.  She was found innocent of carrying either substance. 

            Although the school was trying to prevent any negative activity, it was unnecessary for the officials to require this type of violating search.  Massively at fault, the school explained that their act of invading a student’s privacy and causing embarrassment and discomfort was “not excessively intrusive”.  After an emotionally scarring experience, Savana felt so socially humiliated that she needed to be homeschooled.  This amount of emotional trauma should not have occurred, especially since no evidence turned up in any search.    After the T.L.O. case, schools were given the right to search students’ bags; however, it was still not allowed for them to search any possessions being carried directly on a student.  Not only did they invade her rights without a warrant, but they also did not explain why she was being searched.  Savana stated that she was not questioned or spoken to before two school officials conducted the routine.  Her school suspected that she and a close friend of hers were carrying prescription drugs.  Neither was found to be carrying the suspected substance.  The school officials had no solid reason to believe Savana could have been carrying the drugs.  The principal simply believed she was in violation of the antidrug policy and made a feeble attempt to enforce it.  Savana, who was known to be a good student with no record, was forced into an uncomfortable and violating situation that infringed upon the rights given to her by the United States Bill of Rights.

9 comments:

  1. Hi Tiffany, I was wondering if anyone would find this case. I'm pleased that you chose to use it as your article especially after we discussed the T.L.O. case in class. Both second and fifth period students had concerns and questions about how far the school could go with trying to search students. Good post.

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  2. Poor Savana! Hey Tiff, I really enjoyed reading this post. In the first paragraph where you said "unreasonable search and seizure" was important in my mind. I was thinking along the same lines. Pain killers are not danger the lives of students, they are not of immediate concern. In my mind a question is proposed about something a little more dangerous, like a gun. If a school does a strip search of a kid with a gun, would you find that unconstitutional? I would not. That seems like a reasonable search. I appreciated the bridge you made in your analysis to the T.L.O. case. I wanted to get a chronological perspective and I researched that T.L.O. was in 1985 and like you said Redding was in 2003. You would think that the school would be familiar with the case and know that searching a body might not go so smoothly.
    Ritu

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    1. Hi Ritu, thanks for your comment! I hope my entry has sparked some thoughts about the topic! After reading your comment, I've been thinking about whether or not I would allow a strip search for a student carrying a weapon (in present day). With probable cause, even if the school had not yet obtained a warrant, I feel it would be constitutional especially because the weapon could be a danger to other students, teachers and faculty in the school. As we had discussed in class the other day, we now have a rule that school officials can search any of our belongings; however they do not have the right to search our person. I feel that if a student was suspected of carrying a gun, it is not only constitutional but necessary to conduct a search, but I feel that I would not take it as far as a strip search. It would be extremely difficult to hide a weapon the size of a gun, on your person without it being detected in a less severe search such as a pat down.
      I'm not sure if you had the chance to briefly look at the article, but it stated that at the time of the Redding case, the law following the T.L.O. case had not been firmly established. Do you think the result of Redding's case would have been different had the law from T.L.O's case been established and enforced?

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  3. Hey Tiff, my personal opinion on the constitutionality may differ from others. I wouldn't find it unresonable if they had told her why and what their probable cause was. It seems, from your post, they didn't have one in the first place. I find it helpful that they woud take the drugs from her possession(if she had them :I) to keep her from harming her slef, or selling thema dn harming others. However, I feel frustrated by this situation because this girl felt so embarassed she couldn't even go to school anymore. I think the scool pushed it a little too far for me. Considering they didn't even find what they were looking for takes it one step further. The school was completely wrong! - Lauren Miele

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  4. Thanks for the comment Lo! I definitely agree with you that if the principal had probable cause rather than a strong suspicion, the search would have been much more constitutional. It appears that they did not take the time to factor in her background and look further into the investigation before conducting the search. I also find it frustrating that they ended up not finding the drug on her. Do you think your opinion would be different had the school officials found the substance?

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  5. Good analysis Tiffany. I think the school defiantly violated Savana's fourth amendments rights. Even if the school had strong suspicion or even evidence they were still in no place to conduct a strip search. If the supposed infraction of the school's anti-drug policy was severe enough for a strip search I think the police would need to be involved. Because Savana was not informed of the reason for the search I wonder if her parents were informed. Since she was a minor I think her parents would need to be informed or give consent before such an invasive search was conducted. I like your connection to the T.L.O case. It helps to emphasize how wrong the school was. This search was definitely unreasonable and unconstitutional and should not have happened.

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    1. Thanks for commenting Emily! I absolutely agree with you that the police should have become involved since they took it as far as a strip search. I believe that at the time of the search, her parents had not yet been informed. This is another reason I feel it was completely unfair for the school to search her. If her parents had not given consent, do you think the school would have contacted the police?

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  6. Hi Tiffany! Its horrible to think about how this violation of the fourth ammenment so negatively affected Savana's life. I can't understand how the school would even justify taking things to this extreme without a specified reason. I agree that the school was not justified in conducting a strip search without parental consent or police assistance. The fact that the school could say that they felt they were "not excessively intrusive" amazes me. It makes me wonder what their school wide anti-drug policy was, and how they justified performing a strip search without any physical evidence. I can understand them wanting to investigate the cause of these rumors to protect Savana and the other students, but they took it too far. Really good job making connections to the T.L.O. case!

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  7. Tiffany, a great post with wonderful conversations. I enjoyed reading all the comments and your replies. This is great.

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