Thursday, June 18, 2009

DISSENT

The dissent noted that some search was reasonable (such as of Redding's backpack and jacket), but not a strip search. Still, the first dissent noted the judges "can understand how school officials, even though they made an erroneous decision, should have some insulation from liability before our declaration of how these principles applied to this case."
http://www.thisistrue.com/blog-zt_v_savana_redding_a_court_decision.html

In the second dissent, the remaining three judges said that they wouldn't call what happened to Redding a "strip search", in that she was "only" stripped to her underwear -- and school officials only looked inside in her bra and panties, rather than order them removed. The majority actually addressed that point specifically. Reciting both case law and statutes which say stripping someone to their underwear in a search is a "strip search". The three judges then went on to say that essentially, the school's search did meet the requirements of the Supreme Court's rules, so on this point the court was divided 8-3, rather than 6-5.
http://www.thisistrue.com/blog-zt_v_savana_redding_a_court_decision.html


The bottom line is that such questions are hard to decide, even if you spend your day second-guessing the actions of others and have access to law clerks to do research for you, but I agree with the majority of the court: the actions of the school officials (government employees) were outrageous.

This case will almost certainly have a very positive impact in the fight against zero tolerance. The court not only paved the way for the school to be sued, but also the vice principal (who ordered the strip search) but not his assistant and the school nurse (who performed the strip search at his direction). That sends an intense no-nonsense message to school officials: chill out now -- or else you will be personally responsible for what happens, even if you order someone else to do the dirty work. No hiding behind governmental immunity. That will cause such officials to do what they're supposed to do: think about what they're doing. That is, indeed, what we're paying them to do.

Its lawyers said the ruling, if allowed to stand, would "create enormous confusion for school officials in trying to determine when and how searches may now properly be conducted." They also said that because judges do not understand the "shifting trends in drug abuse.” http://articles.latimes.com/2009/jan/17/nation/na-scotus-strip-search17

RULE OF LAW

The backdrop for the case is a 1985 Supreme Court decision that said school officials need to have only reasonable suspicions, rather than probable cause, to search individual students. That case involved the search of a student's purse, but the justices cautioned against a search "excessively intrusive in light of the age and sex of the student and the nature of the infraction."
http://www.cnn.com/2009/CRIME/01/16/teen.strip.search/

Safford officials say in court briefs that they were on high alert in October 2003 because the year before, a student nearly died after taking prescription medication brought to school by a friend. And they said they had good reason to be suspicious of Savana Redding, despite her honor-roll grades and spotless disciplinary record. http://www.cnn.com/2009/CRIME/01/16/teen.strip.search/


The Bill Of Rights, in the Fourth Amendment specifies (emphasis added),


Amendment 4 - Search and Seizure. Ratified 12/15/1791. 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

MY ARGUMENT

I really think that the courts took way to long with their decision and reasoning but these things always do. I mean come on now what is wrong here let’s see a 13 year old girl was strip searched at a school by the administration, without the consent or knowledge of her parents. I mean is the vice principle stupid or just ignorant. But that is really what is going on the administration thinks that they can do whatever they want if they feel it will protect their students even if that is destroying an honor roll 13 year old girls reputation and all self confidence she may of had which is not much in high school. A self-described nerd, Redding says she wasn't worried.

"I've never been in trouble, so I didn't think there was anything I could possibly have done to be in trouble," Redding says. http://www.npr.org/templates/story/story.php?storyId=103215199

Listen to what Redding's lawyer, Adam Wolf, counters, that a strip search is entirely different from a search of a purse or a backpack.

"Children call their private parts their private parts for a reason. They not subject to exposure, to observation by school officials. When children are strip-searched, they experience trauma that's similar in kind and degree to sexual abuse," says Wolf.
http://www.npr.org/templates/story/story.php?storyId=103215199

The parents have every reason to sue.

Equally stupid is that the school district has pressed this court case all the way up to the Supreme Court. I mean come on do they really think they have a case. They could be losing millions of dollars. Let not mentioin the cost of the lawyers and time it took to get everything ready, all that money could of gone to buying new books or somthing I know there schools are not in working conditioin and they are making cut backs but they will pay for a lawyer to for a case that they where sure to lose. Shall I say on of my favorate word they are just IDIOTS.

The entire school board and all the administrators and employees involved should have been fired. It makes me crazy that the school district has persisted in incurring the kind of expense involved in pursuing this case, even after a federal appeals court deemed the search “excessively intrusive.”

The Bill Of Rights, in the Fourth Amendment specifies (emphasis added),

Amendment 4 - Search and Seizure. Ratified 12/15/1791.
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.


Bottom line "there is no drug exception to the constitution" and this was a blatant violation of that girls civil liberties point, blank, period.

Does the school district really think they have a case YES THEY DO. Do you know why? THEY ARE IDIOTS, just not any old idiot, THEY ARE THE #@%$!$ IDIOTS!!!

But she won the case so that is all that matters.

REASONING OF THE COURT

The full U.S. Court of Appeals for the 9th Circuit eventually ruled that the search violated Savana's Fourth Amendment protections against unreasonable searches and that Vice Principal Kerry Wilson could be found personally liable for ordering the search.

"The public school officials who strip searched Savana acted contrary to all reason and common sense," wrote Judge Kim McLane Wardlaw, who reached back to a previous court decision for the quote that has come to define the case: "It does not require a constitutional scholar to conclude that a nude search of a thirteen-year-old child is an invasion of constitutional rights of some magnitude."
http://www.usatoday.com/news/washington/judicial/2009-04-21-supreme-court-strip-search_N.htm

On the other hand, it apparently stumped other constitutional scholars. The first judge who heard the Reddings' case agreed with the school system that the search was justified because of accusations that school officials had heard about Savana. He threw out the suit.

A divided three-judge panel of the 9th Circuit upheld that decision.

And while eight judges on the circuit eventually ruled that the search was unconstitutional, several of the judges said Wilson could not have been expected to navigate the shifting legal standards for when such searches are allowed.

"Searches are often fruitless, and students' motives are often benign, but teachers, unlike courts, do not act with the benefit of hindsight," wrote Judge Michael Daly Hawkins.
http://www.usatoday.com/news/washington/judicial/2009-04-21-supreme-court-strip-search_N.htm

The end result was the right one Reddin won the case and now she is attending college and it only took 6 or 7 years to figure out that a strip search on a 13 year old girl without the knowledge of her parents was wrong.

Thursday, June 11, 2009

DECISION OF THE COURT

School officials did not find ibuprofen, which is found in over-the-counter medications like Advil and Motrin. Higher doses require a prescription

The suit was thrown out, but they appealed, and after two rounds got a strongly worded victory from the U.S. Court of Appeals for the 9th Circuit -- but with a shockingly thin 6-5 margin.

The appeals court also ruled the assistant principal may be held liable for damages for the search. In its appeal to the Supreme Court, the school argued that the ruling has alarmed administrators and teachers around the country.

The decision "places student safety and school order at risk by impairing the ability of school officials to effectively carry out their custodial responsibility," it said.

Redding's lawyers opposed the appeal.

"A school official simply cannot order a strip search any time a frightened student points an accusatory finger at another student," they said. http://www.reuters.com/article/domesticNews/idUSTRE50F6JA20090116?pageNumber=2&virtualBrandChannel=0&sp=true

The nine justices will hear Safford officials' appeal of a lower court decision that said (The administrators violated Savana's constitutional rights and should be held financially responsible.) http://www.usatoday.com/news/washington/judicial/2009-04-15-stripsearch_N.htm

The school has a "zero tolerance" policy against drugs, and extended the principle to all "drugs" -- including over-the-counter pills such as ibuprofen, which teen girls often use to relieve menstrual cramps.

The court ruled that reasoning is outrageous.

It does not take a constitutional scholar to conclude that a nude search of a 13-year-old girl is an invasion of constitutional rights," Judge Kim McLane Wardlaw wrote for the majority of the judges. "More than that: it is a violation of any known principle of human dignity." http://www.thisistrue.com/blog-zt_v_savana_redding_a_court_decision.html

Now, in this case, it was prescription-strength (400 mg) Advil -- one pill is the equivalent of two over-the-counter tablets; two OTC tablets is a typical dose. The court was not swayed by the drug's prescription-only status:




http://www.thisistrue.com/blog-zt_v_savana_redding_a_court_decision.html

Thursday, June 4, 2009

KNOCK OFFS DO AND DONTS

The trade is a good and bad thing. It has it’s pros and cons. I know that it is destroying economy and governments but it is also saving them in different governments so how do we chose what government to save and what economy to preserve.

All around the world there are knock off goods, guns, clothes, jewelry, medicine and even cars, the list just goes on and on and on. So where do we stop. How do we stop, and if we want to stop it how do we start?

I do not really care about the whole illegal goods thing, yeah I know that it does affect me and my country in the long run but I really do not care right now, and beside this is my blog and I can say what I want, where it be good or bad, right or wrong.

The bad thing about the illegal goods when it comes to medicine and such is that it does not always work; you do not get what you are paying for. You pay for Viagra to make your #%@$ stand up but it does not do that it gives your heart burn instead. Well you get the point.

But it also has good things it supports economies and governments. It puts food on the table and just hearing how much you can make hey it sounds pretty good, I think I found a new job. (Jkjk) Well anyways that is what I think on the whole illegal goods things. Ask me again in a few years what I think and I might care a little more hahahahahaha.

Where I am in my Supreme court case

Where I am on my case is just tugging along. It is not a hard case but I is making me think a lot and if you know me well you know I do not like doing that (just kidding). It is fun learning all the info and learning a new skill. Gathering all the info is not a hard thing it is just time consuming and checking all the resources to make sure they are a legitimate source of information. My next step is decisions of the court and reasoning of the court. I think that these two topics are going to be the biggest next to my own argument. With all 3 of them put together I should be where I need to be in my quest for information and right on track with my project/ case.

This is the work that I love doing and can see myself doing all day. I bet it pays pretty well also. Well this is where I am in my case/ project.

STATEMENT OF THE ISSUES

Savana Redding, an honor roll student, was stripped searched by school officials at Safford Middle School in Safford, Arizona on October 8, 2003. The reason? A classmate had accused her of possessing and distributing ibuprofen. Just think of what would of happened if they would of found Aspirin and or Tylenol.

Redding was taken out of class by vice-Principal Kerry Wilson and brought to his office where she denied providing the pills to a classmate. Administrative assistant Helen Romero then took her to the school nurse Peggy Schwallier's office where she was strip-searched.

Here's how the appeals court summarized the search:


There, at [vice principal Kerry] Wilson's behest, [Wilson's administrative assistant Helen] Romero and the school nurse, Peggy Schwallier, conducted a strip search of Savana. The officials had Savana peel off each layer of clothing in turn. First, Savana removed her socks, shoes and jacket for inspection for ibuprofen. The officials found nothing. Then, Romero asked Savana to remove her T-shirt and stretch pants. Embarrassed and scared, Savana complied and sat in her bra and underwear while the two adults examined her clothes. Again, the officials found nothing. Still progressing with the search, despite receiving only corroboration of Savana's pleas that she did not have any ibuprofen, Romero instructed Savana to pull her bra out to the side and shake it. Savana followed the instructions, exposing her naked breasts in the process. The shaking failed to dislodge any pills. Romero next requested that Savana pull out her underwear at the crotch and shake it. Hiding her head so that the adults could not see that she was about to cry, Savana complied and pulled out her underwear, revealing her pelvic area. No ibuprofen was found. The school officials finally stopped and told Savana to put her clothes back on and accompany Romero back to Wilson's office. Savana did not freely agree to this search. She was "embarrassed and scared, but felt [she] would be in more trouble if [she] did not do what they asked." In her affidavit, Savana described the experience as "the most humiliating experience" of her short life, and felt "violated by the strip search." (emphasis added)

The school argued that the search was reasonable and justified because pills had been found on campus and a student had linked them to Redding. http://www.svmoms.com/2009/04/hey-supreme-court-keep-your-hands-out-of-my-daughters-underwear.html

The school also insists that it has the right to strip-search honors students even with very little justification so it appeals to Supreme Court. The case will decide whether school officials can strip-search your children at school and get away with it. http://www.svmoms.com/2009/04/hey-supreme-court-keep-your-hands-out-of-my-daughters-underwear.html

Did the District Court err in favoring the school district, while the 9th Circuit Court of Appeals finds Savana Redding’s constitutional rights were violated.

http://www.thisistrue.com/blog-zt_v_savana_redding_a_court_decision.html

http://rongstad.blogspot.com/2009/01/savana-redding-case-goes-to-us-supreme.html


Thursday, May 28, 2009

FACTS OF THE CASE

STATEMENT OF THE FACTS

Savana Redding, now 19, who in 2003 was an eighth-grade honors student at Safford Middle School, about 127 miles from Tucson, Arizona. Was strip-searched by school officials after a fellow student accused her of having prescription-strength ibuprofen pills. The school has a zero-tolerance policy for all prescription and over-the-counter medication, including the ibuprofen, without written permission.

Vice Principal Kerry Wilson took Redding to his office to search her backpack. When nothing was found, Redding was taken to a nurse's office where she says she was ordered to take off her shirt and pants. Redding said they then told her to move her bra to the side and to stretch her underwear waistband, exposing her breasts and pelvic area. No pills were found. http://www.wowowow.com/relationships/savana-redding-13-year-old-strip-search-school-heads-supreme-court-272500

A federal magistrate dismissed the lawsuit, Savana and her mother brought in a federal appeals panel, and they agreed that the search didn't violate her rights. But a full panel of the 9th U.S. Circuit Court of Appeals found the search was "an invasion of constitutional rights."

Thursday, May 21, 2009

Property rights

I would want my rights as a property owner. To have the divine right to do whatever you want. If you would like to check on the house you can, if you want to kick them out for no reason you can, and if you want to raise their rent you can. I know of a lot of property owners that are stuck with people that are not paying rent, and getting away with it because that law is on their side. Now the owner can not make the payment to the bank because he and or she can afford the home on their own income. Now if that was my house I would want the lessees out of there as fast as possible so I could get a new tenet in there so I could make the mortgage payment.

Now if I was the person that is renting the home or unit I would want the law on my side, I would not want to wake up in the and see some one sitting in the kitchen waiting to talk to me about why the grass was not mowed or the trash was not taken out for a few weeks. That would just suck. I would feel like I am being watched by a baby sitter. I would freak out about everything. A eating on the carpet, having friends over and even having a dinner party, and that is no way to live.

What I am trying to say is that both sides would feel venerable at some point and compromises have to be made. No one is really going to win. But what you can do is just make sure that both ends are covered in a legal binding contract. This is the owners house, but the tenets home.

Instant Extra Credit

Three Names I have been called:
1. Christian
2. Chris
3. Good lookin

Three Jobs I have had in my life (include unpaid if you have to):
1. Assistant manager of CM. Answering Service
2. Tech theatre coach for CCSD
3. Loan originator

Three Places I Have Lived:
1. Santa Barbra
2. Glendale
3. Las Vegas

Three TV Shows that I watch:
1.Damages
2. Nip Tuck
3.Larry King Live

Three places I have been:
1. Lake mead
2. Reno
3. San Jose

People that e-mail me regularly
1. Alyssa Robins
2. John Barnett
3. Helen Sax

Three of my favorite foods
1. Chinese
2. Mexican
3. Norsk

Three cars I have driven:
1. Cadillac Escalade
2. Cadillac Deville
3. Dodge Ram T

Three things I am looking forward to:
1. Starting a new career
2. Starting Law school
3. Going to Columba

Thursday, May 14, 2009

GREED IS GOOD

Greed is not good, it is GREAT!!! Without it we would not have the work ethic we have today (take that how you want). Everyone works harder, smarter and longer hours to get a better paycheck. Without the dream of becoming a millionaire over night we would live in a completely different county and world. Greed is not only an American dream but a worldwide dream. I mean who does not want to live in a posh mansion and drive a Rolls Royce, have privet jets and be able to go out and spend hundreds of thousands of dollars on at a drop of a dime. I will say it again it is the American dream.

But with every dream comes nightmares. You are going to be called names for just having money, you will always have the notion of losing it all in one bad investment and or one big ordeal. You can be sued for really nothing at all and you always have to watch your back especially when it comes to your close friends and family everyone is out for your money.

When it comes to the big bankers, CEO’s, COO’S, CFO’S and the Hedge fund operator, who most make millions if not billions a year YOU NEED TO GET OVER IT. If you made that much money I would bet you anything you would not complain at all. So what I am trying to say is if they want to run there company’s down the drain and washes them out financially let them, it is really none of your business even if you work for the company. Things happen. Get a new job.

The universal dream to makes million over night. It rarely happens like that so keep on dreaming. As for the big wigs making the million even billions just keep on doing what you do. After all you are paying more taxes then most of us are so we as in the middle class have no right to say anything.

Thursday, May 7, 2009

Bong hits for Jesus

First off I would like to say WHAT THE HELL WAS THAT BOY THINKING!!!! Is he mentally incompetent? I am guess he is. Who would you but that banner up in the first place, he had to know that he would get in trouble or there would be some course of action against him. Oh wait I forgot he is mentally incompetent, or has to be if he thought he would get away with this scratch free. They he has the nerve to sue the school and or teacher for suspending him. If that was my kid I would of beat the hell out of him. Oh wait I bet his parents probably stood by him and praised him for what is was doing. Who does that supports their kids for supporting drugs. Especially when the banner said Bongs hits for Jesus. How dare him use our lord and savors name like that. I mean come on; I really don’t think that it would have been such a big deal if he did not use our lord’s name in that context like that.

As far as the school doing what they did. GOOD FOR YOU. Thank you for caring enough to back up your teachers/ staff. All the way up to the Supreme Court. You did the right thing and it really means a lot when you stick by your rules and care enough to keep trashy kids out of a learning environment. School is bad enough and when you throw in a banner that says (Bong Hits for Jesus) into the picture you have a recipe for disaster.

I am going to put a picture at the bottom to show you what the poster said. Also I am going to attach the link to the article. So you can read it. http://en.wikipedia.org/wiki/Morse_v._Frederick


Photobucket



Photobucket

Drugs: To Legalize or Not

I think there is a huge difference between legalizing alcohol vs. drugs. I mean come on are they stupid for even thinking this!!!!! YES THEY ARE!!!! I know how the Mexican government can fix this problem. Get there military and go in and do a mass sweep out and get as much of the drug lords or as I like to call them (high school drop outs who can’t make it in the world) off the streets. But this is easier said than done now you have to deal with dirty politicians who get paid by the cartels, and get paid very very well for what they do. I have a friend that said that the police are a major player in the cartel, the easiest way to become part of the cartel family is to become a cop. Now that is sad when you have no one to rely on in your time of need.

Let’s say they do legalize drugs well then what? You are going to have all the drug lords fighting even more so for territory to sell once illegal drugs, they are going to fight to the end. The bigger the territory the more money they will make and the more power. I know that they are not even thinking about what is going to do to the world you are going to have a flood of people going to Mexico to get legal drugs to get there fix on. I mean come on and how are they going to stop all of these people from smuggling drugs back into their countries, it is going to be a never ending story. You are going to have a drugged up country, and there economy is going to suffer and companies are going to fall because there employees are going to be to drugged up to work.

So what I am trying to say is HELL TO THE NO to legalizing drugs in Mexico. Mexico needs to grow some balls and stop this stuff from going on. They need to show the world that they can take care of there own problems and step up to the plate.


HERE IS THE LINK TO THE ARTICLE THAT I AM GIVING MY OPINION ON
http://online.wsj.com/article/SB124061360462654683.html#printMode

Thursday, April 30, 2009

CRIME AND TORT

Sexual harassment
Refer
Fraud
Illegal gambling
Vandalism
Bribery
Underage driving
Reckless driving
Speeding
Lying under oath
False advertisement
Illegal use of drugs
Monopoly
Gun use/
attempted murder
Embezzlement
Conspiracy
Trespassing
Running from the police
Standing up in the bed of a truck
Driving on the wrong side of the road

Thursday, April 23, 2009

EOC WEEK 3

This is what I commented on Allison Dickerson bloghttp://www.blogger.com/profile/15762625033958247480 . It was pretty good.
This is very good; I said a lot of the same thing in my blog. The law is a very tricky thing and I know where you are coming from when you say this. I also think that we have to watch our government very closely because if we do not they will, can and have taken advantage of us. So thank you for this very broad view on the law. You should take a look at my blog and see what I wrote.



This is what I commented on Britney Paulo blog. She did a great job and I really liked her point of view.
This was really good I really liked the part about what was good and how (America is very aware of its citizens’ safety. Things such as murder, robbery, drug abuse, and basically anything illegal.) I think this was thought out and put together very nicely.

Thursday, April 16, 2009

WHAT I THINK OF THE LAW/JUSTICE SYSTEM

I do not really have a problem with the law/justice system. But like everything the system can be improved. I do not mean change the whole thing only a few things. I think with a few changes this country could run a lot smoother, like a well oiled piece watch. With only a few changes this country could show the world that Americans are not completely ass holes (pardon my French) and self absorbed children running around acting like we are the end all and be all. Like I said before with a few small changes to our laws and justice system we can become an even greater nation, one under God, something that we have been saying all of these years and making ourselves look like hypocrites saying it.

Health care what the hell is going on there!!!! How is it that there are counties around the world with that that offer universal health care (less fortunate than the USA I might add) and the USA has just fallen by the waste side when that subject comes up. I mean come on now let’s get real; if the government really wanted to have universal health care for everyone they would have it. But the good old honest politicians (yeah right honest) don’t see it in the best interest of the American people. But there are Babies dyeing every day because of their parents cannot afford to keep their baby in for a few more days to make sure that he/she is in pristine condition. How sad is that. So let’s fix this. I guarantee that America will become a better place.

Although there is many thing I could talk about and I know that my followers would love hearing me talk about what I think laws should be (yeah right in my dreams) I am just going to talk about one that really gets me, it is not a law but is should be. I think that teachers should never get laid I mean how are kids suppose to get a great education without someone to teach you. Here in Las Vegas/Henderson the Clark County School District is laying off 300 teachers. Before the end of the 2009 school year. Well you figure 300 teachers with an average of 10 students per class (which is really really low) that is that is 3000 students who will not have teachers so what is going to happen to them? They will be shoved into an overcrowded class. Where they will NOT get the one on one attention to their work that they need , the students will fall behind in class and eventually fail the class and the teachers will not care they are underpaid and now they have a huge class and many students to look after they are there late at night grading papers and working , and what do they care if you fail out of class after the year is done they do not have to see you again. Eventually students will just drop or fail out of school because of this, they will uneducated and an invaluable assets to the society.

With only these two changes the USA would become a better place. If we got universal health care paid by the government I think that would create a lot of new jobs and help the economy and everyone else, and the people will not be afraid to go to the hospital if they are sick or even injured. For the teachers getting laid off I gave you the number for just CCSD imagine what is going on nationwide, and how this is going to affect generation Y and I do not want to be labeled as generation stupid.

Thursday, April 9, 2009

WHAT I THINK OF LAWYERS

I do not have a problem with lawyers. I know that there are good and bad ones. A good lawyer knows the law and a great lawyer knows the judge. It is a perfection that you have to know your stuff. If you have seen Boston Legal you get a really good look on how lawyers work. How they balance their personal life and business life. There really is not a personal life or a business life it is one in the same. Another great show which I one of my favorites to watch is damages, you really get into how each case works and how lawyer really to put themselfs out there to win. You really have to pay attention to every detail, in your case and your client’s life. When it comes down to it if your clients really do not help you have a really weak case. I know everyone complains about how over priced lawyers, well those people need to get over it. As long as the lawyer is going what you pay him/her to do you are getting your money’s worth . If you are still complaining find a different lawyer a cheaper one, but I think you get what you pay for if you are going get a cheap lawyer the outcome is going to be less then what you would get if you send little more, in the long run you have a greater return if the lawyer really know what he/she is doing. In conclusion shop around find someone that works for you. It has to be a fit like I said if you do not help out your lawyer they are not going to be able to perform at 110% and let’s face it that is what you are paying them to do and that is what you expect of someone in a business environment.