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In determining whether the search’s scope was reason-able under the Fourth Amendment, it is therefore irrele-vant whether officials suspected Redding of possessing prescription-strength Ibuprofen, nonprescription-strength Naproxen, or some harder street drug. Safford prohibited its possession on school property. Reasonable suspicionthat Redding was in possession of drugs in violation of these policies, therefore, justified a search extending to any area where small pills could be concealed. The search did not violate the Fourth Amendment.
II By declaring the search unreasonable in this case, the majority has “‘surrender[ed] control of the Americanpublic school system to public school students’” by invali-dating school policies that treat all drugs equally and bysecond-guessing swift disciplinary decisions made byschool officials. See Morse, 551 U. S., at 421 (THOMAS, J., concurring) (quoting Tinker v. Des Moines Independent Community School Dist., 393 U. S. 503, 526 (1969) (Black, J., dissenting)). The Court’s interference in these matters of great concern to teachers, parents, and students illus-trates why the most constitutionally sound approach tothe question of applying the Fourth Amendment in localpublic schools would in fact be the complete restoration of the common-law doctrine of in loco parentis.
Thomas was wrong. That's why he is the dissenting opinion. The majority has not surrendered control of the schools to students, nor has the majority invalidated school drug policies. The schools can maintain their policies, those policies simply have to balance a child's rights against the school's rights and obligations. Most schools already do this; this wasn't a class-action suit, it was one student suing a school that failed to balance her rights with their policies. If their policy had provided that in such cases the parents had to provide permission, or had to be present, or had an opportunity to protest, that would have materially changed the case. If their policy had required that accusations against a student had to be corroborated by additional witnesses or evidence, that would have materially changed the case. If their policy had drawn a line that strip searches could only be conducted in the case of illegal substances, that might have made a difference. The decision doesn't force school authorities to give-up their anti-drug policies, but does require that policies be written and applied thoughtfully and with common sense. Thomas seems to think that thoughtful application of policy is too much a burden for schools. He's wrong.
i agree. but the student should definitely be searched. we shouldn't just shrug our shoulders and say "oh well he put the drugs in his underwear there is nothing we can do." hidden aspirin is still illegal at schools.
Strip searching a student is a very scary power to give the schools. Especially when just acting off of a random tip.
i agree. but the student should definitely be searched. we shouldn't just shrug our shoulders and say "oh well he put the drugs in his underwear there is nothing we can do." hidden aspirin is still illegal at schools.
Hidden aspirin isn't illegal at schools. School policies and rules are not laws. Students dispensing aspirin, even to themselves, is against the rules in some schools. The schools have policies that include penalties for violating those policies, but it's not against the law.
Hidden aspirin isn't illegal at schools. School policies and rules are not laws. Students dispensing aspirin, even to themselves, is against the rules in some schools. The schools have policies that include penalties for violating those policies, but it's not against the law.
thank you for correcting me. i was wrong about it being illegal. if aspirin is against school policy then those policies should still be upheld.
Anyone can say "Hey, I think that *kid's name here* is carrying asprin". They could do so simply as a revenge tactic.
Strip searching violates someone's most personal space, and should only be used against a student as a very, very last resort. Search the lockers, search the back pack, but leave the student's crevices alone.
i agree. but the student should definitely be searched. we shouldn't just shrug our shoulders and say "oh well he put the drugs in his underwear there is nothing we can do." hidden aspirin is still illegal at schools.
Well just line them up because "Strip search' would be the new 'game' in schools all over the country. "I saw Suzie with something that looks like a pill in her bra." STRIP SEARCH "Tommy had a cigarette in his underwear." STRIP SEARCH!! This would be used as a form of hazing or teasing or even just as a stupid prank. "Hey, let's get 'the fat kid' strip searched!!"
A tip....If that's all it takes to start stripping kids down at school they'd better be all ready. I'm sure you would prefer a higher standard for yourself. Booker_one has something in his shorts...it could be drugs. STRIP SEARCH!! How about that for a policy at your workplace, or if your neighbor calls the police and they show up at your door for the mandatory strip search, based on only a tip from your neighbor.
Quote:
Originally Posted by ShellzBellz
I do believe that when there is an issue with drugs in the school and the possibility that it is on one person, that the school system should contact the Police Dept and the childs parent/guardian, prior to conducting any kind of search where there is body contact with a minor. This should never be done by the school, without legal witness. Thats my input.
Well just line them up because "Strip search' would be the new 'game' in schools all over the country. "I saw Suzie with something that looks like a pill in her bra." STRIP SEARCH "Tommy had a cigarette in his underwear." STRIP SEARCH!! This would be used as a form of hazing or teasing or even just as a stupid prank. "Hey, let's get 'the fat kid' strip searched!!"
A tip....If that's all it takes to start stripping kids down at school they'd better be all ready. I'm sure you would prefer a higher standard for yourself. Booker_one has something in his shorts...it could be drugs. STRIP SEARCH!! How about that for a policy at your workplace, or if your neighbor calls the police and they show up at your door for the mandatory strip search, based on only a tip from your neighbor.
Exactly.
you are taking it too far. i agreed with the post you just agreed with also. i guess you didn't read that though huh? i'm not saying this strip search stuff should be taken lightly....i'm just saying schools should have the right to do so if it is absolutely necessary. most people here are saying it should NEVER be done.
you are taking it too far. i agreed with the post you just agreed with also. i guess you didn't read that though huh? i'm not saying this strip search stuff should be taken lightly....i'm just saying schools should have the right to do so if it is absolutely necessary. most people here are saying it should NEVER be done.
Acting off a random tip about aspirin is hardly necessary. The only "necessary" situation I could possibly think of is if it is proven that the student has hard drugs somewhere on their body or some sort of weapon or such.
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