Supreme Court Finds Bounds of Reason. I am Shocked.

[IglooDame]

I was thinking if it was a weapon or something dangerous she was hiding

Ah, yeah - in that circumstance, call the police.

But if school administrators have a policy that cannot be effectively enforced without an occasional strip-search, I'm thinking that the policy really needs to be revoked.

 

[Aegis]

I was thinking if it was a weapon or something dangerous she was hiding

So...
Quarantine such a person and wait for the authorities to arrive? That sounds like the better solution to me. School officials are not equipped, nor trained, to handle dangerous situations like that.

 

[Bei1052]

Strip searches are always unreasonable until they're not carried out and someone dies.

 

[IglooDame]

Strip searches are always unreasonable until they're not carried out and someone dies.

Welcome to CFC, Mr. Vice President!!

 

[Bill3000]

Welcome to CFC, Mr. Vice President!!

Which one?

 

[Flying Pig]

So...
Quarantine such a person and wait for the authorities to arrive? That sounds like the better solution to me. School officials are not equipped, nor trained, to handle dangerous situations like that.

Possibly, but I wouldn't call that a student's right to privacy comes before 'good practise'

 

[warpus]

Not on government property.

I said that tongue in cheek - I'm not American & think that "2nd ammendment right" arguments are usually drivel.

Carry on.

 

[emzie]

I said that tongue in cheek - I'm not American & think that "2nd ammendment right" arguments are usually drivel.

Carry on.

Explaining tongue-in-cheek remarks makes them not humourous.

 

[IglooDame]

Which one?

Assuming Messers. Biden, Gore, Quayle, GHWBush, and Mondale haven't reversed their personal opinions on torture.

 

[GoodGame]

So basically, narky teeny weeny little peers aren't grounds for strip searches. Though I take it we don't know what the nark's accusation was exactly.

A 1985 Supreme Court decision that dealt with searching a student's purse had found that school officials need only reasonable suspicions, not probable cause.

"What was missing from the suspected facts that pointed to Savana was any indication of danger to the students from the power of the drugs or their quantity, and any reason to suppose that Savana was carrying pills in her underwear," Justice David Souter wrote in the majority opinion. "We think that the combination of these deficiencies was fatal to finding the search reasonable."

 

[generalstaff]

I'm confused, the search was ruled to be illegal, but...

Immunity for school officials
The high court also ruled school officials cannot be held liable in a lawsuit for the search. Different judges around the nation have come to different conclusions about immunity for school officials in strip searches, which leads the Supreme Court to "counsel doubt that we were sufficiently clear in the prior statement of law," Souter said.

I guess that means that it is illegal for public employees to violate the 4th Amendment, but you have no legal recourse when they do violate it.

At first, I was surprised, and glad, that the Supreme Court ruled the way they did, but I guess the devil is in the details.

 

[GoodGame]

I'm confused, the search was ruled to be illegal, but...



I guess that means that it is illegal for public employees to violate the 4th Amendment, but you have no legal recourse when they do violate it.

At first, I was surprised, and glad, that the Supreme Court ruled the way they did, but I guess the devil is in the details.

The claim was that the law was unclear at the time so the official couldn't be sued for trying to obey it. Justice Ginsberg disagreed BTW.


Anyways, read this dialogue of the debate. It's LOLz
Beware people who are "Crotching" suspicious items.

I think Justice Souter got the moderate position, which I most agree with except I disagree with prescription strength Advil/Ibuprofen can't be dangerous (He likened it to some aspirin). Souter basically said the narc's info wasn't severe enough to warrant a search. I.e. it wasn't a gun/bomb/narcotic/exctasy/dagger etc..

“My thought process,” Justice Souter said, “is I would rather have the kid embarrassed by a strip search, if we can’t find anything short of that, than to have some other kids dead because the stuff is distributed at lunchtime and things go awry.”

 

[Zack]

8-1? Only one guy with any sense!

 

[JollyRoger]

No shock on Thomas' dissent. Just suprised that Roberts sided with the student against the school in this case (except for the whole giving the school immunity thing).

 

[generalstaff]

The claim was that the law was unclear at the time so the official couldn't be sued for trying to obey it. Justice Ginsberg disagreed BTW.

OK, and so we return to the "just following orders" defense. Got it.

Anyways, read this dialogue of the debate.

My favorites quote:

“In my experience when I was 8 or 10 or 12 years old, you know, we did take our clothes off once a day,” he said. “We changed for gym, O.K.? And in my experience, too, people did sometimes stick things in my underwear.”

The article is absolutely hilarious.

 

[Aegis]

“My thought process,” Justice Souter said, “is I would rather have the kid embarrassed by a strip search, if we can’t find anything short of that, than to have some other kids dead because the stuff is distributed at lunchtime and things go awry.”

Because (two) advil tablets have a history of killing children.

 

[Flying Pig]

As I have said repeatedly, it's to set a precedent, not to het hungup on the details

 

[Cutlass]

Jesus Christ what kind of world does Clarence Thomas want us to live in? I understand the "this decision tells criminals how to act" argument, but kids smuggling drugs in their underwear? Schools should be able to strip search children? Together with his opinions on the Presidency (an elected king, essentially), one gets the idea that he'd rather be a subject than a citizen.

Cleo

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

Who the hell ever thought Thomas belonged on the court

 

[Cutlass]

Assuming Messers. Biden, Gore, Quayle, GHWBush, and Mondale haven't reversed their personal opinions on torture.

Quayle had an opinion on something?

 

[Formaldehyde]

Trying to label a girl a pusher who gave another girl Advil for the cramps is like invading the wrong country after a terrorist attack. Who would be dumb enough to do that?