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Strip searching students illegal? Supreme Court not so sure
LAT ^ | Apr 21, 2009 | David Savage

Posted on 04/21/2009 1:42:40 PM PDT by zaphod3000

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To: zaphod3000

The problem here is the Justices because of their lifetime appointments get insulated from normal society. The make rulings that effect normal everyday people when they have know idea what normal or everyday is.
I worked in a Prison and a large hospital ER. Believe me when I say that school officials are not qualified to search people for drugs... nor do they want to be....


21 posted on 04/21/2009 2:19:02 PM PDT by SECURE AMERICA (Coming to You From the Front Lines of Occupied America)
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To: DonaldC

I don’t care what the reason. If the parents are not notified beforehand and present the school officials will be punished vigorously by me. I’d be walking in there with a baseball bat.


22 posted on 04/21/2009 2:19:09 PM PDT by ImJustAnotherOkie
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To: Lurker

If SCOTUS tilts the wrong way (won’t it be funny if Scalia ends up on the libertarian end of the vote) then we may see a number of state laws address the matter, involving express advance parental permission. Some parents would be copacetic with this, others would insist the child be sent home to them (where there is no dangerous drug or substance at question).


23 posted on 04/21/2009 2:22:44 PM PDT by HiTech RedNeck (Beat a better path, and the world will build a mousetrap at your door.)
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To: zaphod3000

No doubt lots of stupid jokes will be made but this is a big time loss if SCOTUS overturns this. Probable cause is supposed to have meaning. School ‘officials’ think that are in charge of the world. Time to remind them of the reality. This is potentially a devasting case for our freedoms ( what few we have left)


24 posted on 04/21/2009 2:33:15 PM PDT by the long march
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To: zaphod3000
What about a "body cavity search?" asked Justice Antonin Scalia.

Wright replied that no school official would undertake such a search, but he insisted it would be legal.

Of course, there is no way he could know that. Whatever is deemed legal WILL be done, sooner or later.

25 posted on 04/21/2009 2:34:33 PM PDT by TChris (There is no freedom without the possibility of failure.)
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To: zaphod3000
If school administrators are to continue to act in the de facto role of law enforcement officers with regard to searches and seizures, then they should be required to meet the same standards.

A student strip-search should require sufficient probable cause, and a search warrant signed by a judge.

26 posted on 04/21/2009 2:37:35 PM PDT by TChris (There is no freedom without the possibility of failure.)
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To: TChris

And they should have to go through appropriate training.


27 posted on 04/21/2009 2:39:39 PM PDT by NinoFan
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To: zaphod3000
Given the level of sexual predation among educators male and female, I'd say this should never happen regardless of the suspicion of drugs. There is more reason to suspect covert sexual abuse by teachers than covert drug possession by honor students.
28 posted on 04/21/2009 2:40:18 PM PDT by hinckley buzzard
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To: hinckley buzzard

“A lawyer for the Safford Unified School District urged the justices to rule that school officials have broad authority to search students. ......”[H]e was entitled to search any place where contraband might reasonably be found,” said Matthew Wright, district’s lawyer.

What about a “body cavity search?” asked Justice Antonin Scalia.

Wright replied that no school official would undertake such a search, but he insisted it would be legal.”

This prick sounds like a pediphile to me, looking for an excuse to probe young tender bodies looking for drugs...

Cant spank your daughter...but Mr wright can pop their cherry legally?

I wont post what I’m really think needs to be done to Mr wright....it JR’s site...not mine...


29 posted on 04/21/2009 2:52:58 PM PDT by Crim
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To: zaphod3000

“Actually its conservative judges arguing that position.”

They call themselves conervative, but they are just as liberal as any liberal out there. Unfortunately, some people think it is conservative to be against drugs at any cost, including losing any and all liberties.


30 posted on 04/21/2009 3:33:20 PM PDT by CodeToad (If it weren't for physics and law enforcement I'd be unstoppable!)
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To: DonaldC

It will disturb a lot of parents and that’s probably why most schools won’t implement it. And what’s to stop a kid from telling school authorities they won’t comply? What then?

Just say NO — to drug searches, invasive questions about personal or family life, whatever — tell them to go pound sand.

Any “school” that has to resort to body searches has a real big problem with crime and if that’s the case, perhaps the good kids shouldn’t be there anyway.


31 posted on 04/21/2009 4:57:24 PM PDT by goldi
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To: zaphod3000
Which part of this, "The right 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, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." is confusing the justices? Sure, getting a warrant is "inconvenient" and let's guilty people get away with crimes but does that justify flushing the Constitution?
32 posted on 04/21/2009 7:35:55 PM PDT by Question_Assumptions
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To: AmericaUnite

You just tossed my thoughts on this.

As a parent that has problem with a child, I do agree. Do not enable.

I was listenng to this debate on the radio today (what jerks). My thought is that I would prefer to be there. My daughter goes to public school (good one, Thank God) but if she wants me there, I would be. If she was to be strip searched (from what I understand for a girl down to bra and panties) and did not want me in the room, I would be outside it.

My girl is 13. Hates cigarettes and the idea of alcogol and drugs turn her off, hopefully for a long, long time. I do let her take Motrin to school with her. She gets nasty cramps. I told her to not let anyone see it or know that if she needs to take it, do it in private.

Strange subject.

Good for you getting your kids life back on tract. Teens, tough area. They think they know so much but in some cases are pissing their life away.


33 posted on 04/21/2009 7:46:13 PM PDT by Shyla
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To: Navy Patriot

I disagree. I do like my childs school system.

I think it all depends upon where one lives.


34 posted on 04/21/2009 7:47:24 PM PDT by Shyla
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To: Question_Assumptions

Students have historically fewer constitutional rights than adults.


35 posted on 04/21/2009 8:23:25 PM PDT by zaphod3000 (Free markets, free minds, free lives)
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To: zaphod3000
And that includes being strip searched by non-law enforcement school staff based on the accusations of a single other student? Really? Don't they teach Arthur Miller's The Crucible in school anymore? Those Constitutional protections are there for a reason, to protect the innocent. Also what ever happened to the assumption of innocence and the idea that it's better to let 100 guilty people go than to put one innocent person in jail?

If a crime has been committed that warrants a personal body search of a student, then they should call the parents and the police. Here is a great example of why people who are not law enforcement officials have no business strip searching anyone.

36 posted on 04/21/2009 8:43:22 PM PDT by Question_Assumptions
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To: Question_Assumptions
And that includes being strip searched by non-law enforcement school staff based on the accusations of a single other student?

We'll find out the answer to that in June.

37 posted on 04/21/2009 8:48:15 PM PDT by zaphod3000 (Free markets, free minds, free lives)
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To: zaphod3000
[Kennedy] objected when Adam Wolf, an ACLU lawyer for Redding, argued that the strip search was unreasonable because there was no evidence she was hiding anything in her underwear.

"Is the nature of drug irrelevant?" he asked. "What if it was meth to be consumed at noon?"

"The nature of the evidence is irrelevant; it's the seriousness of the charge that matters." - some leftard

38 posted on 04/21/2009 9:03:09 PM PDT by Oztrich Boy (Competent small-government conservative = close enough for government work)
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To: zaphod3000
You gotta be kidding me. Strip search for anthrax or nukes I have no problem with, course you can get the cops involved for those kinds of things anyway. This poor little girl was tyrannized and subjugated over ADVIL!
39 posted on 04/21/2009 9:32:21 PM PDT by Still Thinking (Quis custodiet ipsos custodes?)
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To: Shyla; Still Thinking; Oztrich Boy; zaphod3000; Question_Assumptions; CodeToad; Crim; ...
Pardon me for posting to all of you.

I was nearly apoplectic when failing to turn my radio dial after Glen Beck's program yesterday. I heard Joan Hamburg, WOR-NY, talking about this "poor" girl. How Hamburg and a group which included Joy Behar had gone to Washington, had a private tour of the White House and met with Justice Ginsberg. It seems this case was brought up. All over an Advil.

Please, our school children are exposed at an earlier and earlier age to alcohol, marijuana, hallucinogens and heroin.

Many people, my son now 16 included, have poor outcomes because of this. He has ADD and we have been in a non-drug therapy for years. He was on the honor role. But, he has always had trouble making friends. Alcohol-Marijuana bam! your accepted in that crowd. And the National Intel winner in our school my son says smokes Mad Weed! The kid says he's too smart for it to affect him.

We are suburbia in a community with welfare recipients to the rich. According to the District Attorney East New York criminals among others are coming here to sell $4 heroin that kids can now sniff and think they won't go to the needle.

Our school district has hired a Rehab Group(Tempo) that counsels adults and kids who are addicted. Each of our 7 schools (middle and HS) has a Tempo Counselor. And for each kid getting help, there are 5 whose parents don't take the extra step to get this under control now.

Monday wasn't the anniversary of Columbine, it was 420. National smoke marijuana to your hearts content day. My son didn't want to go to school because he didn't want to be tempted. Thank God he went to the Tempo counselor.

All nonprescription & prescription drugs and all alcohol has to be locked up. Robitussin taken in excess can make you hallucinate. "Triple C" is Cordicen C for colds kids use to trip.

My son is considered early. In NY we have something called PINS, person in need of supervision. He is in PINS Diversion now, which was the only thing that got him to go to his treatment. He's still afraid of the police.

In the parents group there are so many out of control kids who act as if don't even care if the police arrest them. And the parent talk about their kids calling CPS on them and have had it happen!

If the Supremes make a ruling that puts the kids in charge, I pity the families of this country. Parents need all the backup they can get. I know my district would have called me. They would never strip search but they may call law enforcement. One kid last year was busted for selling. And the time for doing that on school property is double.

Overall remember they are kids and they are not in charge. They don't need to get the message that they are.

40 posted on 04/22/2009 5:48:17 AM PDT by AmericaUnite
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