Sunday, May 21, 2006

Strip Search of a High School Co-ed Ruled to be Unreasonable

Over at our sister blog Long Island (Criminal)Trial Law, I am blogging about the results of a civil rights case being reinstated against a Conneticut school district whose Principal ordered the strip search of an eighteen year old girl to find marijuana. The search yielded nothing but an hysterical High School Senior and a lawsuit which now is reinstated. It also is an opportunity to show how much less rights the Supreme Court of the United States has taken from school kids. At least the Second Circuit is aware that students have a right to some privacy even in school.

I do not think that the right to privacy, which SCOTUS has found in the Fourth amendment should be trumped by the right of the school to administrate, but according to the Rehnquist Court (and by extension the Roberts Court) it does. I am sure that probable cause is necessary in at least some circumstances. Especially when it comes to the strip search. It seems to me, that is the one place a kid most expects (and needs to have)privacy. The Second Circuit gets it right even though I am not entirely in accord with the legal reasoning. Go over to LI(C)TL and catch the analysis.

Update: For the original story click on this link.
Post a Comment