Thursday, June 18, 2009

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

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