Supreme Court says school strip search unconstitutional
The Supreme Court ruled 8 to 1 that it was unconstitutional for a school to strip search a 13-year-old girl out of suspicion that she had aspirin. This is a happy day for the privacy rights of all Americans, and I applaud this decision.
Unfortunately, the court found 7 to 2 that school officials did not have to pay damages to Savana Redding, now 19. I would have had them pay as much money as possible, and maybe even go to jail.
I agree with the majority’s decision that the search violates the 4th Amendment. For reference, the amendment goes as follows:
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 an Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
If this search wasn’t unreasonable, I don’t know what is. The contraband in question was equivalent to two Advil, hardly dangerous. The search was extremely invasive, and there was no warrant. School officials have taken their concern with students’ safety way too far, at the expense of students’ dignity, privacy, and freedom to make their own decisions. I don’t see anything wrong with a 13-year-old being allowed to carry aspirin and make her own decisions about whether she wants to take it. Even worse, though, is the fact that Savana did not even have aspirin on her! She was humiliated and violated for nothing.
This search was borderline sexual abuse. I understand that it was not done for sexual purposes but out of an obsession with safety at the expense of everything else, but being strip searched should be humiliating to people of any age and gender. I am glad the court (with the exception of Justice Clarence Thomas) decided this is not acceptable in America.
Update: Here’s a PDF of the decision.