Saturday, July 27, 2019

Student Strip Search Term Paper Example | Topics and Well Written Essays - 1750 words

Student Strip Search - Term Paper Example The missing thing according to Justice David H. Souter "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. (Barnes)." In a dissenting note, Justice Clarence Thomas wrote that Judges are not qualified to second-guess the best manner for maintaining quiet and order in the school environment (Barnes). He said that the school officials were logical in searching the school girl. The issue in this case was whether a 13-year-old student's Fourth Amendment right was violated when she was subjected to a search of her bra and underpants by school officials acting on reasonable suspicion that she had brought forbidden prescription and over-the-counter drugs to school. It was held that the search did violate the constitution because there were no reasons to suspect the drugs presented a danger or were concealed in her underwear. The official who ordered the search was also granted immunity from liability because the constitutional position of the Fourth Amendment was not clear at the time of the search. Facts of the case The case began when Marissa, another student was found with prescription-strength ibuprofen and said she received it from Savana. The facts of the case occurred in one October day in 2003 at 13-year-old Savana Redding’s math class at Safford Middle School. The assistant principal of the School, Kerry Wilson, came into the room and asked Savana to go to his office. Wilson then showed Savana four white prescription-strength ibuprofen 400-mg pills, and one over-the-counter blue naproxen 200-mg pill, all used for pain and inflammation but banned under school rules without advance permission (Safford Unified School Dist. No. 1 v. Redding, 129 S. Ct. 2633 - Supreme Court 2009). He then asked whether Savana knew anything about the pills. She said that she had no idea about it. Then Wilson told Savana that he had received a report that she was giving ibuprofen pills to fellow students. Savana said she didn’t. She also agreed to let Wilson search her belongings. An administrative assistant also came into the office, and together with Wilson they searched Savana's backpack. They did not find any ibuprofen pills. Wilson then asked the administrative assistant to take Savana to the school nurse's office to search her clothes for pills. Helen Romero, the administrative assistant and the nurse, Peggy Schwallier, asked Savana to remove her jacket, socks, and shoes, leaving her in stretch pants and a T-shirt (both without pockets), which she was then asked to remove. Finally, Savana was told to pull her bra out and to the side and shake it, and to pull out the elastic on her underpants, thus exposing her breasts and pelvic area to some degree (Safford Unified School Dist. No. 1 v. Redding, 129 S. Ct. 2633 - Supreme Court 2009). But no pills were found. Savana’s mother argued that strip search is in violation of Sav ana's Fourth Amendment rights. Savana's mother filed suit against Safford Unified School District 1, Wilson, Romero, and Schwallier for conducting strip search. The school officials raised the defence of qualified immunity. The District Court for the district of Arizona granted the motion on the ground that there was no Fourth Amendment violation, and a panel of the Ninth

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