Court: Teen’s strip-search was illegal

WASHINGTON (AP) — The U.S. Supreme Court ruled Thursday that school officials violated an Arizona teenage girl’s rights by strip-searching her for prescription-strength ibuprofen, saying U.S. educators should not 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. However, the court also ruled that the Arizona school officials cannot be held financially liable for their search.

Redding was 13 when the educators in rural eastern Arizona conducted the search. They were looking for pills — the equivalent of two Advils. The district bans prescription and over-the-counter drugs, and the school was acting on a tip from another student.

The school’s search of Redding’s backpack and outer clothes was permissible, the court said. But the justices said that officials went too far when they asked to search her underwear.

A 1985 Supreme Court decision that dealt with searching a student’s purse has found that school officials need only reasonable suspicions, not probable cause. But the court also warned against a search that is “excessively intrusive.”

“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.”

Redding said she was pleased with the court’s decision. “I’m pretty excited about it, because that’s what I wanted,” she said. “I wanted to keep it from happening to anybody else.”

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.

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,” Thomas 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.”

A schoolmate had accused Redding, then an eighth-grade student, of giving her pills.

The school’s vice principal, Kerry Wilson, took Redding to his office to search her backpack. When nothing was found, Redding was taken to a nurse’s office where she says she was ordered to take off her shirt and pants. Redding said they then told her to move her bra to the side and to stretch her underwear waistband, exposing her breasts and pelvic area. No pills were found.

A federal magistrate dismissed a suit by Redding and her mother, April. An appeals panel agreed that the search didn’t violate her rights. But last July, a full panel of the 9th U.S. Circuit Court of Appeals found the search was “an invasion of constitutional rights” and that Wilson could be found personally liable.