Strip search of 13-year-old girl was illegal, Supreme Court says
In an 8-1 ruling, the justices said school officials violated the law with their search of Savana Redding in the rural eastern Arizona town of Safford.
Redding, who now attends college, was 13 when officials at Safford Middle School ordered her to remove her clothes and shake out her underwear because they were looking for pills _ the equivalent of two Advils. The district bans prescription and over-the-counter drugs and the school was acting on a tip from another student.
"What was missing from the suspected facts that pointed to Savana was any indication of danger to the students from the power of the drugs or their quantity, and any reason to suppose that Savana was carrying pills in her underwear," Justice David Souter wrote in the majority opinion. "We think that the combination of these deficiencies was fatal to finding the search reasonable."
In a dissent, Justice Clarence Thomas found the search legal and said the court previously had given school officials "considerable leeway" under the Fourth Amendment in school settings.
Officials had searched the girl's backpack and found nothing, Thomas said. "It was eminently reasonable to conclude the backpack was empty because Redding was secreting the pills in a place should thought no one would look," Thomas said.
Thomas warned that the majority's decision could backfire. "Redding would not have been the first person to conceal pills in her undergarments," he said. "Nor will she be the last after today's decision, which announces the safest place to secrete contraband in school."
The court also ruled the officials cannot be held liable in a lawsuit for the search. Different judges around the nation have come to different conclusions about immunity for school officials in strip searches, which leads the Supreme Court to "counsel doubt that we were sufficiently clear in the prior statement of law," Souter said.
"We think these differences of opinion from our own are substantial enough to require immunity for the school officials in this case," Souter said.
The justices also said the lower courts would have to determine whether the Safford United School District No. 1 could be held liable
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- atomiclegion
- added this
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13 years old for advil? come on! that's just gross.
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- MissAmanda
- 5 months ago
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Clarence Thomas is an idiot. How could that have been legal?
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Clarence Thomas, really sucks. I mean the man really really sucks. I'm looking forward to the day he meets his maker, and gets kicked in the ass, straight to hell, for being such a horrible, dispicable human being...
I mean seriously, its incomprehensible how much he sucks. All the 2 dollar whores in Asia could not suck as much as he does.
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- SwiftlyTilt
- 5 months ago
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why is it no surprise that Clarence Thomas, with his own questionable history dissented?
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- Incredulous
- 5 months ago
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Why did it take so long for this ruling?! Poor girl.
I find it funny that an opposing argument in the article is that "From now on kids will hide pills in their underpants." Yeah, because when I want some hydrocodone at school, I really want those pills near my cooch.
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Why are they so uptight about prescription meds? THEY'RE PRESCRIPTION MEDS. And if I was her, I'd sue my school's ass to hell and back.
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f-ing stupid. that poor girl, all over ibuprofen.
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- buyingbackthepieces
- 5 months ago
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What kind of sick asshole thinks 'that ends' justified 'that means'???
"I'm going to perform molestation of a child in order to find out if they have a secret Tylenol stash. Not that there's anything wrong with that!!"
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I agree with most of the rest of the commenters here- the official's actions were WAY beyond what is socially acceptable. And making a fuss over a minor painkiller like that is unbelievable!
Hmm... perhaps they should criminalise more irrelevant everyday things so it can make it easier fro them to molest children? I'm sure the very idea arouses Clarence Thomas no end.
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- ozoneocean
- 5 months ago
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lets take a look back at TLO vs. New Jersey shall we
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@IICLEPress on twitter says "DUH! RT @itspoppet: Supreme Court rules 8-1 schools strip search of 13 year old girl over ibuprofen illegal"
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- twitterbot
- 5 months ago
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If this is the direction public schools are going, I can't imagine parents wanting their kids anywhere near a public school. There was a time when school's weren't like this, but things have seriously changed. Parents will be searching for more and more alternatives to public schooling with things like this happening in them!
Horrible....
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- delilah7777
- 5 months ago
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This is completely insane (not the ruling, but what happened!) Where and when did the adults at the school leave their common sense behind?
I'm not one to suggest suing people for this, that or the other, but in this case the girl (or her family) should look into suing the teachers/school
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- FreshPlastic
- 5 months ago
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Whoever decided to strip search that child should never be able to work around children again . They are cruel and malicious . Anyone with common decency knows it is wrong .
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you know why this is so bad? she probably had those pills because she had cramps from her period. and in middle school that kind of thing is so so embarrassing! my god they should have been happy that she was getting some relief. cramps suck!
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wow. we have officially been kicked back to the 1950's. next thing you know we are going to be hassling minorities when they try to walk down the street with freeze dried coffee.
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- mountainboy2005
- 5 months ago
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outrageous, GOD damn them! this is what they are really teaching in school; hate, intolerence and mistrust. we give the teachers our most valuable resourse and expect they will increase them. i've had good and bad teachers. i underwent physical and emotional abuse by the nuns, and sexual humiliation by a priest. most of my life i'd been disabled by the agents of rome. .. i'm sure the young lady was schearched by women or it would have been mentioned. none the less this attitude of zero tolerence stiffles our kid's development.
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Erm... Like wtf 13 year old carrying advil so you strip search her... Good job Arizona once again you have fucked over your students :D
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- Viciouspike
- 5 months ago
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The school officials get immunity? Then where does the responsibility lay? A thirteen child was forced to take her cloths off by school officials and yet they get immunity.
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- bluestranger
- 5 months ago
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Apparently, those adults involved in the search have no understanding of perscription drugs and the various types of pain relievers or their effects. Just because its perscription strength doesn't mean it can make you "high". Furthermore just because someone may have a drug that does do that, such as codien or vicoden, DOESN'T NESSESSARILY mean that person is using it to get high.
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I'm pretty sure only police officers can strip search a student.
In California at least, technically you aren't even supposed to touch a student, unless someone is in danger or it's an emergency.
I don't see how anyone could consider a faculty or staff member strip searching a student in school for ANY reason is legal.
Usually the protocol is to detain the student you believe to be carrying anything illegal, and then call the police.With Thomas's record of sexual harassment, of course he doesn't understand what is and what is not appropriate.
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- flyingkick
- 5 months ago
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hell ya its illegal. the tards who did it should go to jail. fucking ibuprofin?
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Its a matter of Intelligence and civility vs Barbarianism. This nation and its leaders are no more intelligent than elementart school kids who need direction. There is no prerequisite to being a politician nor a supreme court judge. If you have a diploma its enough but even jackasses are required to follow rules and requirements. Justice Thomas was exposed by anita Hill and it had nothing to do with racism, however this little girl was white so this case may have been racism for Dr Thomas. Society has become sick sick sick. When did Advil become a danger to kids?and dont kids have any rights? How can a supreme court Justice justify a decision on a kid he never met? I think its time to rename Public Schools what they are, Federal schools.
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at this day and age where "kids" have more and more adult type rights (which they demand) then (LISTEN AND LET ME FINISH MY POINT)...
it should not be illegal to search a child..but we should be more selective on why we search a child and how we search a child..
hence you DO NOT search a 13 year old girl for hiding cough medication by stripping her ass naked..BAD FORM and simply wrong on all levels
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- GodsnLiberals
- 5 months ago
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I'm glad they took them to court and it shouldn't have had to go all the way to the supreme court of the state to win.
That is a total violation of a girl's person at that age. If they were that concerned, they could have had the parents come get her. Or if no other recourse send her to a hospital so that if she had a "drug reaction" she would be in a safe place.
This is ridiculous. Thank you to her family to standing up to the system.
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- arcticspirit
- 5 months ago
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