Safford United School District #1 v. Redding Are students protected from strip searches by the US Constitution?

A scenario… Doris is accused of smoking in the girls bathroom at Liberty Junior High. She is taken the Principal’s office where her purse is searched. The Principal finds no cigarettes, but rolling papers, a small quantity of marijuana and a large amount of cash in small bills ($1 and $5). Doris’ parents are called along with the police. Doris admits to dealing drugs and faces criminal charges.

Some questions What amendment of the Constitution does this scenario involve? Is this search legal?

A landmark case New Jersey v. TLO In this case a girl is accused of smoking in the bathroom. A search of her purse revealed marijuana and TLO (the name that the court used to refer to the girl) is faced with criminal charges.

Is this Constitutional? There was no probable cause to prompt the search The purpose of the search was to find evidence of smoking The Supreme Court says yes. Why?

TLO v. New Jersey In TLO the Court holds that students’ property can be searched is school officials have “reasonable suspicion” of wrong doing. This lower standard is allowed because of the setting.

Another scenario… There have been several incidents of students using and selling prescription strength painkillers at Freedom Hills Junior High. One morning, Liberty Jones is called to the Principals office where she was told that another student had accused her of having prescription painkillers. Liberty denied this accusation. The Principal sent Liberty to nurse (a female) who asked Liberty to remove her clothing. Liberty was subject to a strip search. No drugs were found.

Is this Constitutional? The court will decide this year. The case was heard on April 21, 2009 and the decision will be released this summer.