Townhall.com, Where Your Opinion Counts
Talk Radio:   Bill Bennett   Mike Gallagher   Dennis Prager   Michael Medved   Hugh Hewitt   
TOP NEWS   LeftArrow - Townhall.com   RightArrow - Townhall.com  
Columns, funnies & more in your inbox!
Wednesday, April 02, 2008
The School Crotch Inspector
By Jacob Sullum
Vote on It:
Average Vote:
[+] Text [-]
 
Poll
Are you struggling to keep up with rising gas prices?


There are two kinds of people in the world: the kind who think it's perfectly reasonable to strip search a 13-year-old girl suspected of bringing ibuprofen to school, and the kind who think those people should be kept as far away from children as possible. The first group includes officials at Safford Middle School in Safford, Ariz., who in 2003 forced eighth-grader Savana Redding to prove she was not concealing Advil in her crotch or cleavage.

It also includes two judges on the U.S. Court of Appeals for the 9th Circuit, who last fall ruled that the strip search did not violate Savana's Fourth Amendment rights. The full court, which recently heard oral arguments in the case, now has an opportunity to overturn that decision and vote against a legal environment in which schoolchildren are conditioned to believe government agents have the authority to subject people to invasive, humiliating searches on the slightest pretext.

Safford Middle School has a "zero tolerance" policy that prohibits possession of all drugs, including not just alcohol and illegal intoxicants but prescription medications and over-the-counter remedies, "except those for which permission to use in school has been granted." In October 2003, acting on a tip, Vice Principal Kerry Wilson found a few 400-milligram ibuprofen pills (each equivalent to two over-the-counter tablets) and one nonprescription naproxen tablet in the pockets of a student named Marissa, who claimed Savana was her source.

Savana, an honors student with no history of disciplinary trouble or drug problems, said she didn't know anything about the pills and agreed to a search of her backpack, which turned up nothing incriminating. Wilson nevertheless instructed a female secretary to strip search Savana under the school nurse's supervision, without even bothering to contact the girl's mother.

The secretary had Savana take off all her clothing except her underwear. Then she told her to "pull her bra out and to the side and shake it, exposing her breasts," and "pull her underwear out at the crotch and shake it, exposing her pelvic area." Sometimes it's hard to tell the difference between drug warriors and child molesters.

"I was embarrassed and scared," Savana said in an affidavit, "but felt I would be in more trouble if I did not do what they asked. I held my head down so they could not see I was about to cry." She called it "the most humiliating experience I have ever had." Later, she recalled, the principal, Robert Beeman, said, "he did not think the strip search was a big deal because they did not find anything."

The U.S. Supreme Court has held that a public school official's search of a student is constitutional if it is "justified at its inception" and "reasonably related in scope to the circumstances which justified the interference in the first place." This search was neither.

When Wilson ordered the search, the only evidence that Savana had violated school policy was the uncorroborated accusation from Marissa, who was in trouble herself and eager to shift the blame. Even Marissa (who had pills in her pockets, not her underwear) did not claim that Savana currently possessed any pills, let alone that she had hidden them under her clothes.

Savana, who was closely supervised after Wilson approached her, did not have an opportunity to stash contraband. As the American Civil Liberties Union puts it, "There was no reason to suspect that a 13-year-old honor-roll student with a clean disciplinary record had adopted drug-smuggling practices associated with international narcotrafficking, or to suppose that other middle-school students would willingly consume ibuprofen that was stored in another student's crotch."

The invasiveness of the search also has to be weighed against the evil it was aimed at preventing. "Remember," the school district's lawyer recently told ABC News by way of justification, "this was prescription-strength ibuprofen." It's a good thing the school took swift action, before anyone got unauthorized relief from menstrual cramps.

Share:
Vote on It:
Average Vote:
 
About The Author
Jacob Sullum is a senior editor at Reason magazine and a contributing columnist on Townhall.com.
 
TOWNHALL DAILY: Be the first to read Jacob Sullum's column. Sign up today and receive Townhall.com daily lineup delivered each morning to your inbox.
 
©Creators Syndicate
Subject: Amen Jan
The first step is to contact the parents. The next step is for the parents to take their children out of public school forever.

Kids and their rights
Recently a situation came up with my son at school. In response to a bullying situation, he threatened the bully. Because of this he was taken to the principals office and made to write down a statement of everything that occurred. I was not called from the school until this was already done.
Though I want my child to be disciplined, I was told that it was only by the principal's judgement that the police were not called which would have resulted in him being handcuffed and taken to the police department and charged.
Kids are intimidated by their teachers and principals and made to comply even to the point of incriminating themselves without advice of attorney or even a parent. I just think that it is wrong to take advantage of their inexperience and their natural inclination to obey authority figures in order to wrench confessions that can be legally used against them.
He is 13.
Sign Up to Post Your CommentsSign Up to Post Your Comments
If you are already registered, click here to login. Otherwise, please take a few seconds to register with Townhall.com. Once you sign up, you’ll be able to post your comments immediately, use the action center, get podcasts, and more!
Note: Fields marked with a red asterisk (*) are required.
Salutation:
First Name:
*
Last Name:
*
Email:
*
Nickname:
*
Note: Nick name will be shown when you post comments.
Address 1:
*
Address 2:
City:
*
State:
*
Zip:
*
Phone:
      
Your daily dose of conservative columns, editorial cartoons, talk radio, news, and more!
(Bi-Weekly) We highlight the best opportunities from our partners for surveys, action items and more.