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Supreme Court Update:
Safford Unified School District #1 v. Redding, No 08-479, Decided June 25, 2009
by
James E. Ellison


 

The case arose from the incidents surrounding the 2003 strip search of a 13-year-old middle school student named Savana Redding. Prior to the search, Assistant Principal Wilson received information from a student that Redding was distributing prescription-strength and over-the-counter pain relievers to classmates in violation of the school drug policy. After escorting Redding into his office, Wilson questioned Redding about the pills she supposedly distributed, as well as knives and other contraband found in Redding’s planner. Redding admitted that she owned the planner, but claimed that she had lent it to a friend and was unaware of any contraband.

At that point Redding agreed to a search of her belongings. When Wilson and an administrative assistant found no contraband in Redding’s backpack, the principal ordered a search of her clothing to be conducted in the nurse’s office. Redding was required to remove her outer clothing, pull her bra out and shake it, and pull out the elastic on her underpants. As a result, her breasts and pelvic area were exposed to some degree. No pills were found during the search, and Redding’s mother filed suit against the school district, Wilson, the administrative assistant, and the nurse.

In deciding the case, the Supreme Court determined that the search was unconstitutional, but the school officials were nevertheless immune from liability. The court ruled that there was sufficient justification for the initial search of Redding’s exterior clothing and backpack as a result of the reliable tip provided by the other student, but the extremely intrusive strip search that followed was illegal since there was no reason to believe that Redding had pills in her underwear or that the Ibuprofen posed a danger to students. The school officials, however, were still immune from liability for their actions since the case law existing at the time was not sufficiently clear for the officials to know that their actions were unjustified.

This case serves as a reminder and a warning that a school search will only be allowed when the methods used are reasonably related to the objectives of the search, and are not excessively intrusive in light of the student’s age, sex, and the nature of the student’s suspected infraction. Administrators must also have a reasonable suspicion to conduct a search, which means there must be a moderate chance that the search will turn up evidence of wrongdoing. Since this decision clarifies some existing ambiguities in the area of school searches, it is also unlikely that school officials will continue to be immune from personal suits when future searches appear outrageous or inappropriate to the average person.

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