I don't care for how the 9th equated a strip search on the same level as a container search/Terry stop. The one thing they had solid evidence was is the planner - and we don't know how the knives and pills got into the planner. Was there enough for a pocket search? Under precident, yes. Strip search? nope. I can not believe this passed the scope test. This is advil. A 400mg ibreprohen(sp) pill is 2 advil. That's it. Normal dose. This isn't even Codine. The court recklessly dismissed that. Parents wern't called is considered reasonable? All of this was based on the loaning of a planner and some statements of other students without collaberating evidence of extremely scared students. On governmental interest - Tobacco isn't enough for a strip search according to a persuasive non-binding authority (another circuit). Tobacco is illegal by most LAWS in school. Advil is not.
I agree 100% with the dissent here. I hope this is reversed en blanc or by SCOTUS. What a piss poor decision, and I don't care who appointed the judges.