Supreme Court Debates School Strip Searches

[someguy8390]

heh all she had to do was refuse the search. that would have forced the school to call the police or physically take her clothes off

[GISentinel]

As a minor, did the school officials get consent from this girl's parents? No. Did they go to a judge, describe exactly what they were looking for and where they expected to find it, and plead their case to the judge why they believed what they were looking for was located where they wanted to look for it? No. This was a criminal act, After being fired and forfeiting all rights to their pensions, they should be prosecuted.

[MrJimmyboy1972]

@GISentinel i agree

[fedupwithdoublethink]

where was the girls 5th amendment rights; horrible! this school is a menace. down with the gov. down with the school district. kids have NO choice; going to school is mandatory.

[turrauko]

So, have they come to a conclusion? Might as well strip our kids of all of their rights. Are public schools trying to mold our children into citizens or subjects?

[Rawrbecca1992]

The school was given immunity DX

[turrauko]

That's Grade A bullshit

[thestonesrock]

down with the USA government, pure scum.

[beefygoblin]

Yeah, I'm gong to hide a knife in my underpants...that guns going to stand out... serously.

Wouldn't you call the cops if you thought there was a real problem?

What kind of people will this attract towards the trade if they decide to allow for this crap? Also, ibuprofen death? Serously, your more likely to die from a chocolate alergy during lunch.

If they decide to let this fly, it also means they can do body cavity searches. "You want to stuck your fingers in my what?". Think it over.

[azfromthesouth]

This decision will be interesting. I work in a school district in Arizona and the school I believe exercised there right to search the girl in good faith. The keys to this case is one: Did they have a right based on the info they had to strip search her because the danger was inerrant to the student or the student body and next if so; was that search excessively intrusive! Now the latter is open for interpretation. There is no law in AZ that prevents strip searches although.....

[azfromthesouth]

.....some school districts take that option away from their school admin by way of board policy like my district does. But because a district does not have a policy in place to prevent it does not make it, at least at face value, illegal if they strip search a student. Now there are a few other mitigating circumstances that people need to know and that is that weeks earlier some students took some pills that sent several student to the hospital and they never found out what that stubstance..

[azfromthesouth]

...was. And also during the onset of the investigation they had the pill and did not know what the substance was. They had to call poison control. So all this had a bearing on the decision to strip search her. And well the pedophile argument is well...lame!! I challenge anyone who questions the intent of the school admin after they've read the facts of the case or at least read the oral arguments online to say that the school was grossly negligent in this case. I beg to differ

[MrJimmyboy1972]

@azfromthesouth asking a minor to take his or her clothes off, is execessively intrusive. if it is felt that the student body are at risk the police should be called along with the parents. this situation would not arise in scotland. if i thought that a teacher whether male or female attempted to remove or ask for any item of clothing to be removed from my children (all grown up now) or grandchildren the police would be involved.

[azfromthesouth]

@MrJimmyboy1972 your point is clear, is heard and the question begs reasonable debate, but I disagree. I worked at a school and my heart goes out to administration who have to make tough decisions every day about protecting other people's children, not unlike yours when they were in school. I never said that the school was in the right nor did I say that I agreed that the student should have been strip searched in this case.

[MrJimmyboy1972]

@azfromthesouth childrens rights have to be maintained. if there are any doubts, get the police or the parents. no one is saying that you condone the actions of the school. hands on children, and especially forcing them to disrobe is weird. i work in museum education in scotland. that type of behaviour from me would result in prosecution, to the full extent of the law.

[azfromthesouth]

@MrJimmyboy1972 Children's rights have to be maintained always vs. what? I assure you that if instead of pills, it was a gun they were looking for then th situation and the decision would have been diffrent. If the school would have found the pills on the student, the strip search still would have been ruled unconstitutional but if they had found a gun, the decision would have been 8-1 the other way and so would public opinion.

[MrJimmyboy1972]

@azfromthesouth unfortunately you live in a society where guns are readily available. and probably most homes have a gun. we dont here in scotland. yes we have our nuts who appear every so often. i cannot recall a situation where a pupil in a scottish school has been found to have a gun. strip searching is the responsibility of the police, not teachers. have a police presence on campus, and they would conduct the search. with the parents or guardians present.

[azfromthesouth]

Respond to this video... I only presented the facts as I knew them and supported the the schools intention and nothing more. I said that when all you hear is that a school strip searched a student and nothing more. I want to hear the facts before I decide if the search was intrusive is all .Even though the SCOTUS ruled 8-1, this case was hardly a "slam dunk" with many rulings going in favor of the school district.

[azfromthesouth]

Respond to this video... Furthermore, even in their lopsided ruling in this case for the young lady, SCOTUS said that the school's right to strip search a student was still in play but not in this case because the situation never came close to rising to the level of immediate danger, which was my point all along.

[calladuz]

These guys are idiots... they are pretty much giving pedophiles a chance at getting to children... walk in, claim to be an authority and boom, s/he gets access to many children for his sick deeds.

Its too bad minors aren't considered 'persons' in schools or in society

[MastRyo]

This is sad America, what have we let this country become?

[cedarbeam]

I totally agree with "sdkee". But beyond the fact that strip searches of students are just simply and obviously wrong there is the question of what do these strip searches teach our children? Well, they teach disrespect for basic human rights, disrespect for privacy, and disrespect for the emotional well-being of students. Yes, drugs are a problem in schools, but the end does not justify the means.

Drug education begins when drug hysteria ends.

[sdkee]

I've got an idea: Some things are simply wrong. They are so obviously wrong that it pains the mind even *trying* to think how somebody could be so confused as to think that it's right. Torture, military invasions, slavery, genocide, and strip searching kids are amongst these things.

We don't argue about how much of it to do or how far to go in it, we round up the people doing it and have ourselves an execution. I'm sick of this shit.

[deathnotevictem]

I have to confess, I'm scared.

[ADHDw136IQ]

Same school officials drive pregnant teens to abortion doctors and withhold that info from parents all the time! I'm not against choice, but I would at least like to be made aware if that was my daughter! What an incredible double standard!

[ADHDw136IQ]

Give me a break! They were searching her for pills that every girl I know takes for woman issues?? LOL, 0 Tolerance = 0 Logic & 0 Common Sense! Is her school really this pathetic? What's next, strip searches for sharp pencils???? Seriously!!

[Ihateliberal2012]

School has no legal ground to strip search or question a student if they feel a criminal act has happen . This is a law enforcement area and both Officers need to be the same sex as the girl. If evidence is gained by the school with out law enforcement that evidence can't not be used in Court.

[enuvune]

i'm surprised she's not suing mcdonald's over her obesity.

[jfmj83]

thats off topic and unwarranted

what the school did to her was unfair and to extreme

[ImAdino666]

ur fucking RETARDED. what the fuck is the matter with you, nobody is talking about her wieght u prick, were discussing the importance of the case at hand, who cares if shes somewhat overweight, fucking aye man, ur probably some dumb fucking loser ugly muther fucker. sure u got balls to say mean shit when ur behind a computer, i know her, say that to her face and she'll kick ur ass, not to mention all of us who support her. bring it on muther fucker

[enuvune]

"somewhat overweight"? she's a whale.

[ImAdino666]

even if she was, which shes clearly not, what the fuck does it have to do with the fact that she did not deserve what she had to go through...and who the fuck do u think u are? honestly... someone ought to kick u in the face, for being such an arrogant son of a bitch, you'll get whats coming to u.

[enuvune]

whales don't share the same rights as people, you silly goose.

[ImAdino666]

ya well, im sure ur just some nobody, ugly ass closet homo, that never amounted to anything therefore u feel this need to make other people feel less about themselves, this poor girl, endured something traumatic and is fighting for a cause that could potentially give students some of their rights back, and all u can think about is that she is overweight, and that right there tells people what kind of idiotic person u are, and i will end on that note, have fun in hell asshole

[enuvune]

hell doesn't exist, you wacky weenie.

[Ihateliberal2012]

and your an asshole. You have no class, your total trash.

[enuvune]

you might wanna look up the difference between "your" and "you're".

[Ihateliberal2012]

Forgive my typo....Gezzzzz

[Ihateliberal2012]

But you're are still a pig. a Racist one to.hmmmmm

[enuvune]

racist? really? you realize obesity isn't a race, right?

[Ihateliberal2012]

oh yes, you are just trash , not a racist.

[enuvune]

whatever you say, sport.

[ImAdino666]

hey im her uncle and if i ever see you ill beat you to a bloody pulp you fucking faggot..........

[ImAdino666]

and you take a long time to type retard

[enuvune]

what? how exactly would you know how long it takes me to type?

i think you mean "it takes you a long time to REPLY".

[ImAdino666]

well im gonna type this real slow, because i know you dont read very fast, dumbass. your not my english teacher, or anyone else's, so fuck off

[enuvune]

how would you know how fast i read?

[ImAdino666]

B E C A U S E Y O U R S P E C I A L :)

[enuvune]

you might wanna talk to "Ihateliberal2012" about the difference between "your" and "you're".

[PsychoDaveFilms]

I can't belive they are even thinking about allowing this activity. Why don't we all just take a big shit on the american flag and wipe our asses with the constitution.

So basically if they allow this anyone who hates someone can say they have drugs and get them violated with a strip search?

I feel the end of days is coming all too soon.

[clarisd]

Someone has done that already and it is called the FED.

[BinkieMcFartnuggets]

Fortunately for Savannah that was the last time she ever had to experience someone wanting her to take her pants off.

[ImAdino666]

thats a fucking horrible thing to say about her u fucking asshole, this isnt about what she looks like, her fucking rights were violated dick.

[AgentSmithandJones]

So BinkieMcFartnuggest does that make you jealous because someone wanted her pants off but no one ever wanted yours off?

[BinkieMcFartnuggets]

Yes, and believe me, I tried hiding advil everywhere but no matter what I did they never strip searched me. Like I said fortunately she's never had to go through anything like that again!

[loqutor]

It's not a matter of embarrassment for kids that age. It's a matter of trauma. She was clearly traumatized by that event, as any kid going through puberty would be.

[ImAdino666]

ur a fucking dickhole asswipe

[AgentSmithandJones]

Poor Vortigon wasn't picked for chearleading again.

[CadicusTheDamned]

So, any school authorities, not even actual law enforcement, can search a minor without a warrant and only based on coerced hearsay as probable cause? I'm not a lawyer, obviously, but I thought we lived in a free country that assumed innocence before proven guilty.

[HorrendousOne]

Then you thought wrong. Welcome to the new UPSA: United Police States of Amerika, comrade.

[AgentSmithandJones]

That is a typo. It's supposed to say FEE not FREE. The R was too close to the E when they typed up the Bill of Rights.

[PsychoDaveFilms]

I hate to say it AgentSmithandJones but you probably are right. It is the land of the FEE and the tax payers are paying it!

[jarofpuppyeyes]

So the concept is give up your rights to prevent a tragic event. Possible death by ibuprofin- I wonder what the drug overdose at school percentage is. Now, what will we do to prevent child pornographers in schools from filming the searches. It will be every bit as common as over the counter overdoses. Where can u stop? Don't forget where u live.

[AgentSmithandJones]

I would rather have my rights and not get violated than worry about some one getting high. I see it as Darwinism. If they want to get high and kill them selfs fine. Parents should of been better. One less moron in the welfare system.

[esunsinverguenza]

is this true????

[lighteningdodger]

Give me Freedom!!!!!! I don't care how the government reasons to seize and search. I don't care about the governments broad powers!! Give me Freedom!!!! I want Liberty!!! The Supreme Court will be giving it's Statist opinion beyond the structures of the Constitution!! Get this Government out of our lives. Schools strip searching children!!! How Tyrannical!!! I don't care about any "

good" reasons they may have! No more stepping on the people's Liberties!!!

[gungagin]

How the hell did this make it to the SUPREME COURT?

Obviously it was wrong and disgusting!

[P3rf3ctStorm]

It probably made it's way up to the SCOTUS because they filed a Federal (not a State) lawsuit in U.S. District Court. They probably lost the case & then appealed it to the U.S. Court of Appeals. Then they probably lost (or dismissed) the case in the U.S. Court of Appeals. The last step is the SCOTUS.

So, the hierarchical progression of a Federal case (from lowest to highest level court is:

U.S. District Court or U.S. Court of Claims

U.S. Court of Appeals

SCOTUS (U.S. Supreme Court)

[P3rf3ctStorm]

Note that SCOTUS is NOT required to hear a case. In fact, they decline to hear MOST of the cases that are presented to them. You have to petition the SCOTUS to hear a case with a Writ of Certiorari. If they deny "Cert" - which they do in most cases - then you're basically out of luck. Unfortunately, that's a major flaw with our judicial system. The SCOTUS should have to hear ALL cases that reach them. But they can pick and choose at their whim, and don't have to justify why they decline a case.

[gungagin]

Thanks for the explanation-I meant it as a rhetorical question.

[imaginepeace63]

Justice Scalia is a Nazi and so are you, the prinicipal.

[herndon5]

There is a precedent for this New Jersey v. TLO. They had reason to strip the girl because of an accusation. Since at that trial that schools are not government officials through the case New Jersey won. The verdict will be interesting

[P3rf3ctStorm]

Anyone can make an accusation. That's not "probable cause" to execute a search. And in addition, there was no search warrant which is REQUIRED by the Fourth Amendment.

[herndon5]

it is probable cause. Plus, because of TLO case school officials do not need search warrants in schools.

[Econniff]

Which is, of course, fucked up.

[herndon5]

not really, TLO was found with drugs and teachers aren't really government officials which are those only affected

[Econniff]

But what was fucked up is how the precedent was used afterward.

[herndon5]

that's how precedents are used

[P3rf3ctStorm]

It's NOT probable cause. That's a complete perversion of the Fourth Amendment. And TLO is a State case, not a Federal one. The judge's obviously (and it looks like intentionally) erred in their decision.

[herndon5]

That's like saying Miranda v. Arizona Loving v. Virginia, and New York v. Class were not federal cases. They were once state cases but when it goes to the SC it is federal. And yes it is probable cause by the suspicion

[P3rf3ctStorm]

Yes, State cases can be brought before the Federal judiciary when the subject-matter jurisdiction is appropriate (when a Constitutional tort is involved) as in this case. Mere "suspicion' doesn't reach the threshold of probable cause as specified by the 4th Amendment. Like I said, ANYONE can accuse or suspect ANYONE else of ANYTHING. But the burden of proof is upon the accuser, not the accused to demonstrated that there's probable cause to execute a search BY WARRANT. Again, you pervert the law.

[herndon5]

No school official needs to do so. In the case suspicion was important due to the fact that their was smoke coming out of the bathroom in TLO. The accusation is the same thing

[P3rf3ctStorm]

The reason it's before the SCOTUS is because of this:

"The RIGHT [not mere privilege] 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 [not mere suspicion or accusation], supported by Oath or affirmation, and PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED, and the persons or things to be seized."

Mere suspicion dosen't satisfy PROBABLE CAUSE.

[P3rf3ctStorm]

In other words, it was an ILLEGAL SEARCH by someone that was NOT AUTHORIZED by a WARRANT to conduct the search. The 14th Amendment confers all Federal Rights (the Bill of Rights) upon all the States and to ALL U.S. citizens. That's the Constitutional tort (controversy) that's currently before the SCOTUS. If they rule according to the U.S. Constitution, which they're sworn to do, then they will have to find that this young woman's 4th Amendment Rights were clearly and unequivocally violated.

[herndon5]

Have you even done an anlysis of the TLO case for 2 weeks. The 14th Amendment doesn't necessarily apply to age because kids have less rights, like to vote. If they actually had studied this precedent and the 4th amendment then the school had done the correct proceedings. BTW TLO was the same age as the girl when the search was conducted

[P3rf3ctStorm]

The 14th Amendment absolutely & positively applies to ALL U.S. citizens. You've been sadly misinformed. Your enumerated RIGHTS are unalienable & are your birthright no matter what the courts say. Your Constitutional RIGHTS aren't derived from the govt. You need to study the U.S. Constitution and it's history. The Bill of Rights (the first ten amendments - the Top 10 List) is PART of the Constitution, which is the highest LAW in the land, the parent law from which all child law is derived.

[herndon5]

no you have been sadly been misinformed. When you come to school as a minor you are deprived of some rights. And I have been study all of these documents for the past 3 years. 3 years, and since child law is derived from adult law, students have loss a part of the 4th amendment right when they have come to school. If the 14th amendment applies to all U.S. citizens, then why, why do I ask you, do children, those in jail, and ex-felons not have the right to vote, why can't they put next comment

[herndon5]

their words in the school newspaper, why they minor students cannot protest in schools. It's because minors are different from adults making minors unequal to adults which is a contradiction. If you want for kids to be the same, we could just throw them in prison for an adult sentence

[HorrendousOne]

''we could just throw them {kids} in prison for an adult sentence".

They already do.

"why they minor students cannot protest in schools."

Go to this channel (Robert Wanek's channel) to see people that ARE protesting in the public schools:

nsanesk8er007

Your rights don't defend themselves. YOU (and everyone else) have to defend them. If you don't you lose them. It's as simple as that herndon5.

[herndon5]

Did you ever notice that the minors were outside of the school not in (Tinker v. Des Moines) they are not disrupting the classroom atmosphere because they are outside of the school. Also, true some kids get an adult sentence for their actions but not all do. I defend my rights as they should be. The only way this girl could win is through circumstantial evidence if anything

[mirtheous]

Stupid, no one wants to see that naked body anyway.

[tradercris]

Just goes to show you, zero tolerance makes zero sense. Only problem is, GOP appointed judges like the idea of absolute government power, so the Dark Side might prevail on this one.

[P3rf3ctStorm]

When are these so-called school "officials" going to get it right. "Policies" & "rules" are NOT "laws" (as in state or federal statutes and regulations). They have no lawful POWER if there aren't any statutes to authorize those powers. They're making up the "rules" and "policies" as they go -- and operating under color of law, not the letter of the law. They can't just make up the law. That's not the way it works. I hope the SCOTUS sets this one straight. They should be doing a heluva lot more!

[P3rf3ctStorm]

I am so exasperated at this old & tired argument about "public safety" as over-ruling the People's enumerated Rights. Those unalienable Rights are GUARANTEED in the Bill of Rights of which the Fourth Amendment is but one. Public chool "officials" have no powers (no lawful statutory authority) to nullify the most basic of rights, the right to privacy. I hope this young lady wins her lawsuit against the school. The SCOTUS needs to start really putting its foot down hard to protect people's rights.

[namename654]

Uck!  How is this even up for debate?

[hotae333]

like you can trust the court who the fuck came up with that one

[sugarpuddin88]

Gimme a break!

We are at the non-sustainability point of Democracy!

The Empire devoured the State & Now NORTHCOMs homeland defense force trains on US soil to combat civil unrest in the States

America is entirely bankrupt!

Help yourself - Get another citizenship & move your currency out of the US dollar!

America lost all call to the claim of a democratic republic around 1897 to 1913

"Respect My AuthoriTA"!

Americans have the government they deserve!

[3star2nr]

They basically sexually assaulted the girl. This is unacceptable.

I cant believe there actually debating this.

If you suspect that a child is in possesion of drugs and the evidence is sufficient contact the parents and have them pick up the child and bring them off the premisses.

School officials are not cops and have no legal power, so they shouldnt be strip searching anyone. If they tried that on me Id tell them to go stick a dildo up there asses. And make them fcking suspend me.

[rayme4raw]

When I first read this story, I kept thinking that there would be an outrage over stripping a 13 year old girl naked for any reason let alone for aspirin. The school administrator that conducted the strip search was male. Can you say pediphile. They are trying to argue probable cause for behavior that's just sick and wrong. They have spent six years covering their asses. The war on drugs is morally bankrupt at this point. Aspirin is a health & safety risk?

[odhe1lo]

Your statements are a little off. I live in AZ, and the strip search was conducted by a female secretary and a female nurse. I still think it's wrong, but no male officials were present during the strip search.

[rayme4raw]

Sorry, I thought I had read man, that is why I remembered the story. Still, no one should be asking a 13 year old to strip.

[odhe1lo]

I agree - no kid should have had to endure that without a parent present. If it had been my child, that kid would have been pulled from the school that day, and I would have been seeing my attorney asap.

[a7green]

....... 6 yrs, and nothing has been done...

Just beat the shit out of the ppl that did the search already.

[3star2nr]

Only if its done by sexy womans

[biggerflexible]

Now strip!!!!

[ItzMeRon]

This is going to be a tough case. No doubt.

In my view, the parent should already have been involved and given priority of the decision to strip search her/his child. It is very simple. You cannot go around strip searching people like this, especially minors, before their parent, who is responsible, can call a lawyer and knows what to do. THEY ARE CALLED YOUR "GUARDIAN", UNDER THE LAW. Do not forget that. What would you say if I gave you a guardian for life? ..Or atleast until age 18?

[lighteningdodger]

You are giving in to the notion that the school and government know better than you on what to do about this circumstance. I say let Liberty reign. No accusations. No just in case you have done wrong. No seizure of property or invasion of privacy. Just know if you start searching children, the people will want a new government.

[bamagirl6811]

Our country is out of control thanks to the warped minds of the democrats that run it now. God have mercy on us all

[3star2nr]

guess what this has nothing to do with politics.

Also what does bamagirl stand for "Alabama or Obama"?

[SkyDaddy7]

This is simply STUPID!!

The school over stepped its authority and over MOTRIN!

The court will rule in favor of the girl...Hopefully she will be able to sue!

[stupidnews4U]

A minor cannot be strip searched without parents consent and if she was a minor and they viewed her naked what would that be? Pedophilia?

[stratvic]

They can if they make it legal.

Get used to it. We have all become sheeple with bigger and bigger government as we run in fear to the Nanny State. Fear that the government generate either through their own incompetence or through leveraging our misfortune with rhetoric. This is how governments behave left or right.  Governments care about power, this is them exercising that power.

[illuminatijews]

I wish, i could've been one of those school officials.