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WASHINGTON (CNN) — A 13-year-old Arizona girl who was strip-searched by school officials looking for ibuprofen pain reliever will have her case heard at the Supreme Court.
The justices accepted the case Friday for review. They will decide whether a campus setting gives school administrators greater discretion to control students suspected of illegal activity than police are allowed in cases involving adults in public spaces.
Arguments are expected to be heard in April.
At issue is whether school administrators are constitutionally barred from conducting searches of students investigated for possessing or dealing drugs that are banned on campus.
A federal appeals court found the search “traumatizing” and illegal.
Some parents say older children deserve the same constitutional rights as adults, but educators counter that a school setting always has been treated differently by the courts. They say a ruling against them could jeopardize campus safety.
This case made it to the SCOTUS??? WTF?
Found by Jay from Cage Match.
I always love these types of lawsuits. The girl sues for being accused of having and over the counter drug at school and being striped searched for it and now she’s complaining that her rights were violated. I’ll give everyone a different scenario, what if that girl had brought ibuprofen to school and given it to one of her friends who had a headache but that girl dies of an allergic reaction. The family would have sued the girl, but more importantly sued the school district for allowing this to take place while the children are in the schools care. the reason for Zero tolerance policies are so the school districts don’t get sued to oblivion by parents insanity.
Them Mormans in Safford have gone nutters.
Interesting that they didn’t strip search the girls accuser who was the one who actually had the pill.
The reason schools have a zero tolerance policies is because the school administrators are to stupid and/or ignorant to exercise independent judgment.
Common sense tells us kiddies in school are NOT THE SAME as adults in public–but the appeals court evidently ruled otherwise ((Hard to believe, but I’ll assume the summary is correct.))
Another 5to4 ruling by SCOTUS will give us clear guidelines.
There are many who are NOT physically mature people who are charged as an underage person but are tried as children but mental they are not and vice-versa.
I wish underage people should be psychologically evaluated to see weather or not it should be tried as an adult or not.
#4, bobbo. That’s the unfortunate point. Common sense has nothing to do with our legal system anymore.
Blame opportunistic lawyers. If common sense was in any way valid anymore, half the cases which now clog our legal system would be tossed because they have no merit. As it stands, judges simply pass the buck because “everyone has the right to be heard”. – Bullcrap!
Too many lawsuits clog our legal system which exist solely to allow lawyers to coerce innocents out of something valuable. School districts have to defend themselves with overarching policies to keep from being sued. Just as #1 Joe said.
So the school is caught in a catch 22. If they do not fully try and stop drug abuse on their property, then they get sued for not doing enough. But if they do fully try and stop drug abuse, they get sued for trying too hard.
So the question is, how far can a school district go to protect itself, and if they cannot take what they feel are necessary measures, what can the courts do to limit their liability?
#5,
This case isnt about that at all. This case is to decide if schools are allowed to strip search students randomly.
In the case in quesion, the dean of students stip searched a girl with obvious intention to to molest her. No contraband was ever found and there was no reason to think that it would be.
So when the authorities failed to prosecute the princial for rape, the girl and her parents sued the school.
This is yet another case of tax payers paying out becuse cops refuse to prosecute other cops for even the most heinous of crimes. In this case the violent rape of a 13 year old girl.
#7 GregA. WTF?? This has nothing at all to do with a violent rape.
Your post is just weird, and creepy.
Can a minor buy advil?
Whatever happened to calling the parents in and discussing the situation rationally?
WTF? School can strip search student! That is outrageous!
Locker checks, fair enough, search bags, well maybe, but strip searching students, that is seriously fucked up. If a student has done some so criminal to warrant a strip search, phone the police. That is why we have police.
What is the point of letting everyone have guns to protect your rights if you are going to let schools be run like prisons!
#11,
Furthermore, it looks like there is a new rape excuse. Authorities can rape little girls and all they have to do is claim that they thought they might have drugs. In this case the drug in question is a normal every day drug that women use monthly to seek relief from their sexuality.
This is absurd, and the government of arizona is letting a known child molester work with students.
There is simply no reasonable adult that thinks it is ok to strip search a 13 year old girl for an over the counter pain releiver.
The reasonable answer is for the child molester to just tell the girl not to bring it to school anymore.
Whats up Arizona??? You guys let people like this walk around on the streets???
Someone should turn this guy into perverted justice… I am building a file on him over there now.
#6–Ah Yea==I’m too sleepy to give your post a fair response. You must be tired also to write such drivel.
Yes, schools get sued when they do too little and when they do too much. Any blanket rule one way or the other is wishful thinking. Management of anything including schools requires “judgment.” When you review the operation of schools over the entire globe year after year, the errors in either direction will be found.
Anti lawyer rants get silly and miss the underlying contested issues. Yes, lawyers and judges and they system and the laws often also don’t exercise judgment but the question is not as you stated, but rather a much more complicated mix of what functions we want schools to perform and who/how to enforce violations of same.
Lets get more specific when an interesting case arises. I think strip searches absent pre-approval from parents should not be allowed==leaving the school to have the child arrested and dealt with by police. I also think as a general concept==parents should be more involved with the schools and their kiddies and should be treated more as a unit. Too many parents aren’t qualified to be such.
#14,
In this case the police would not have arrested because there is no crime alleged by anyone, even the child molesting dean of students. The only crime commited in this case is when the dean raped the girl.
Interesting straw man though.
I can’t say that this article surprises me. Schools, college campuses, and military bases, all seem to operate under a reduced set of Bill of Rights. And I’ve often wondered why that was? Is it based on their opinion that children, students, and young soldiers, are mature enough yet to deserve full rights? Or is it more that their managers think they can get away with treating younger people this way, because the elder voting public has very little sympathy or awareness of their situation. Both students and military personnel often believe they’re treated like second class citizen. Or not much better than prison inmates. And these institutions that take care of them, seem to feel they can’t function as any normal business would. But how do we expect students and soldier to grow up respecting US laws, if they enjoy only a scant sampling of its rights?
#15–Greg==reread my post. Stay relevant. I never used the word or concept of crime (directly) or any reference at all to rape.
Note that if the school wants to strip search and the cops won’t do it then it won’t happen. No crime, no search.
This is so damn stupid whats next body cavity searches by the schools?
FFS I understand all it takes to kill some kids nowadays is peanuts but that doesn’t excuse this kind of treatment. This is Vigilante justice plain and simple. If I step foot into WalMart does that mean they can strip search me? No, and neither does stepping on school grounds allow this.
Makes a good argument for home schooling.
What’s the problem with ibuprofen anyway? This drug is highly recommended for menstrual pain, so I would understand that any 13-year old girl carries it. And it’s not even a drug of abuse (AFAIK); in many countries you don’t need a recipe to buy it. Sounds like the Worst Fucking Excuse Ever, to see the skin and touch the genitalia of a random chick.
eh just have the girl say that the teacher touched them orthat there were security cameras. bam instant child pr0n case.
I am a person who had chronic Migraine(s) from 8 thru 18 years of age. Chiropractor latter told me it was a pinched nerve in my neck that caused contraction of blood vessels to the brain. Do you believe that? Being a kid really sucked arse for me. 13 years old is way too old to be striped searched for Ibuprofen give me a break. Unless it was to prevent a suicide?
#6 You pretty much got to the heart of the problem.
make the pervert who strip-searched the child register as a sex offender, because only pervert would ever do such a thing and only a pervert would approve of it.
#24, grog,
Wake up !!! It is just a bad dream.
You haven’t read the article either, have you?
A 13-year-old Arizona girl who was strip-searched by school officials
that’s all anybdoy needs to read
you clearly don’t have a daughter.
if this happened to my daughter the responsible party would have a baseball bat in their face.
btw, fusion
yep, i read the article. honor student kid humiliated by the people who she is supposed to respect and be educated by.
did i miss anything?
are you saying that strip searching little girl’s is okay?
Never underestimate the drive of an angry mother.
If this had happened to my daughter, the question wouldn’t be are schools allowed to strip search children. The question would be how many years I would be getting for taking a ball bat to the principal’s skull.
Seriously, the mindset of these assholes needs to change from “I’m just following orders” to “Gee, if I strip search this girl because I think she has some freaking advil, an enraged parent is likely to hunt me down like a wild animal.” But no, don’t worry…won’t happen since we’ve become a nation of sheep with a fetish for doing as we’re told.
I hear there is a perfectly sea worthy beer cooler available to set the school officials adrift in.