Searching For A Good Explanation...

In 2003, Samantha Redding was strip-searched by two female school officials in search of a prescription strength, 400 mg, ibuprofen pill. Samantha was fingered by another student who was suspected of having prescription strength pain reliever, too. Samantha was 13 at the time and an honor student with a good track record at the school.

The assistant principal ordered a strip-search to be conducted after a cursory search (stop and frisk in law enforcement terms) of Samantha's outer clothes (black stretch pants and a pink t-shirt) revealed nothing.

A 1985 Supreme Court Case, New Jersey vs. T.L.O., ruled that school officials may conduct a strip search only if there is:
1) a suspected violation of a rule that places a student's health and safety at risk, and;
2) particularized suspicion that the contraband is hidden in the student's clothes.

'Particularized suspicion' seems to be lacking on the school's part. Not finding a pill in the outer garment does not mean that it is hidden in the girl's undergarments. Specific information is necessary to achieve 'particularized suspicion' to conduct a strip search.

The shear fact alone that school officials feel comfortable conducting strip searches worries me. Searching a person is tricky thing and best left to professionals who will conduct a proper search in accordance with the law. Illegal searches result in blown criminal cases all of the time. I would not be comfortable conducting a search of a student like. Better to call in the police or the school resource officer (policemen assigned to the schools for security and education reasons). School resource officers were instituted for this reason.

Samantha's case was upheld on appeal by the 9th Circuit Court of Appeals and will be heard by the Supreme Court on April 21. The Court of Appeals ruled that the assistant principal does not qualify for immunity from civil penalties since he acted outside the law. The courts are working in this particular case.

I hope Samantha wins next month and gets to take the School District and Principal to civil court and sue for damages. Strip-searching a 13 yor honor student with a clean record for two regular strength ibuprofen is beyond reasonable. I hope Samantha gets enough money to make her life comfortable and pay for a decent college education. I wish her good luck moving on with her personal trauma, too. I can only imagine the damage this search did to a normal 13 yor girl. What horror.

I'm chearing on the ACLU who is helping her case. Yes, I'm chearing on the ACLU. I believe in the right to be protected from unlawful searches. Go get 'em boys and girls.

As for the assistant principal and two female school officials, you guys are ass clowns.