Friday, June 26, 2009

SUPREME COURT -

"Supreme Court declares strip-search of student unconstitutional" By David G. Savage, Los Angeles Times

Excerpt

Reporting from Washington -- After two decades of giving school officials wide leeway to search students for drugs or weapons, the Supreme Court set a legal limit on Thursday, ruling out of bounds the strip-search of a 13-year-old girl who was suspected of hiding pain relief pills.

In an 8-1 decision, the court called this search degrading, unreasonable and unconstitutional.

Justice David H. Souter, in what could be his final opinion before his retirement, said a strip-search is "categorically distinct" from other efforts to find drugs or weapons on campus because it is embarrassing and humiliating to the children who are targeted.

In the past, the court has said school officials can search purses, backpacks or lockers if they have reason to believe a student has drugs. And twice, justices have upheld mandatory drug testing of high schoolers, including athletes, even when there was no reason to think any of them was using drugs.

But requiring a student to remove her clothes goes too far, Souter said. He suggested such a search would be justified only if a school official had strong reason to believe a student was hiding a dangerous drug or a weapon in his or her underwear.

No comments: