Thursday, June 25, 2009

ALL WE CAN DO IS HOPE THAT...

one of the conservative Justices retires so we can counter-balance the extremism of Judge Clarence Thomas.
Strip search of Ariz. teenager illegal, court says
Jun 25 03:42 PM US/Eastern
By JESSE J. HOLLAND
Associated Press Writer

WASHINGTON (AP) - The Supreme Court ruled Thursday that school officials violated an Arizona teenager's rights by strip-searching her for prescription-strength ibuprofen, declaring that U.S. educators cannot force children to remove their clothing unless student safety is at risk.

In an 8-1 ruling, the justices said that Safford Middle School officials violated the Fourth Amendment ban on unreasonable searches with their treatment of Savana Redding. The court ruled that the officials could not be held financially liable but left it to lower courts to decide if the school district could.

In a dissent, Justice Clarence Thomas said the search had been legal and the court previously had given school officials "considerable leeway" under the Fourth Amendment in school settings.

In this case, officials had searched the girl's backpack and found nothing, Thomas said. "It was eminently reasonable to conclude the backpack was empty because Redding was secreting the pills in a place she thought no one would look," he said.

Thomas warned that the majority's decision could backfire. "Redding would not have been the first person to conceal pills in her undergarments," he said. "Nor will she be the last after today's decision, which announces the safest place to secrete contraband in school."

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