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Supreme Court correct
June 26, 2009 - Jim Smith
Three cheers for the United States Supreme Court for its overwhelming 8-1 vote declaring it unconstitutional for a school to strip search a 13-year-old honor student on the unconfirmed allegation by a school rival that the teenager had two Advil tablets in violation of school policy.
Only Justice Clarence Thomas deemed the school acted correctly, while the remaining justices found the school conducted an unconstitutional search and seizure. The majority of justices said the school had every right to search the girl's backpack, clothing, purse, pockets, locker, desk, etc., but went over the line forcing her to strip.
Thomas believes the ruling will result in students hiding drugs in their underwear, while the other justices believe students have a privacy right, especially when there is no proof, substantiation or probable cause to believe a student is hiding drugs in their underwear.
Thomas needs to remember the issue involved a 13-year-old girl, not a convicted felon.
The school was so far out in right field with its strip search for Advil, of all things, that it was two fields over. Any school district that permits such disregard for privacy rights needs to have all of its administrators and board of education members replaced.
If there had been probable cause for belief the girl was hiding real drugs, not two Advils, then maybe the search would have been justified, but that was not the case.
The school district was so absurd that the case never should have gotten to the Supreme Court!
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