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To: jmc813
People brought Leathermans, Advils, all sorts of scary stuff to school

So all local public schools in the country should be run based on your personal preferences, enforced by federal judges and the ACLU.

Got it.

1,083 posted on 04/06/2008 8:41:18 AM PDT by Mojave
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To: Mojave
So all local public schools in the country should be run based on your personal preferences, enforced by federal judges and the ACLU.

Well, yeah. It's obvious that I have more of a brain than this retard principal.

1,086 posted on 04/06/2008 8:46:25 AM PDT by jmc813 (Attn Bartender: WHAT'S on Stinking TAP?!?)
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To: Mojave
Since it will be the position of the dissent in this case that would likely have given cause to the grant of an en banc review, let us read what the dissent said:

School officials may have had sufficient information to perform some kind of search of Savana for prescription-strength ibuprofen. There is little question that a search of Savana’s backpack and her pockets would be constitutionally permissible, given that Savana’s friend and classmate Marissa had reported that Savana had provided her with the ibuprofen. But the appropriate inquiry is whether a strip search was justified at its inception. See, e.g., Phaneuf v. Fraikin, 448 F.3d 591, 597-600 (2d Cir. 2006); Cornfield v. Consolidated High Sch. Dist., 991 F.2d 1316, 1321 (7th Cir. 1993).

The only credible connection between Savana and an impending distribution of prescription-strength ibuprofen was Marissa’s statement that Savana had provided her with the pills found on her person. However, our sister circuits have concluded — properly in my view — that student tips alone are insufficient to support a constitutionally permissible strip search. See Phaneuf, 448 F.3d at 598-99 (“While the uncorroborated tip no doubt justified additional inquiry and investigation by school officials, we are not convinced that it justified a step as intrusive as a strip search.”); Williams v. Ellington, 936 F.2d 881, 888 (6th Cir. 1991). To overcome this legal difficulty, the school attempts to additionally justify the search on the basis that (1) Jordan falsely reported that Savana, several months prior, had a party at her home at which alcohol was served; (2) Savana admitted to owning a planner — later discovered to contain cigarettes, lighters, and a knife — that she had given to her friend Marissa.2 The school does not explain how this information sufficiently corroborates and supports a strip search for pills. Indeed, the Second Circuit recently held that violation of a school’s tobacco policy cannot be the basis of a strip search for another drug. Phaneuf, 448 F.3d at 599-600; see also Cornfield, 991 F.2d at 1321

1,089 posted on 04/06/2008 8:48:34 AM PDT by AndyJackson
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To: Mojave

Hey dude this is great!!! 8,485 Viewings of your stupid efforts to justify strip searches by school officials. Keep going. You are helping our cause to bring these jackbooted thugs under the rule of law.


1,093 posted on 04/06/2008 8:51:52 AM PDT by AndyJackson
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