Less Zero Tolerance my behind!!!

[Greenday]

In this case, yes, the original judge was a moron. It's right there in the Fourth Amendment.

[Plaidman]

New Jersey v. T. L. O. could be used to argue the search. It stated that searches in school without warrants do not violate the 4th amendment.

Great way of quoting something while not affirming to what happened.

It's true that searches in school without warrants do not violate the 4th amendment in that case.

The difference is in that case, it was a search of her purse was found reasonable, after catching them smoking in the bathroom, while in this case, they made the girl get fucking naked.

There is a huge difference between a search of a purse, and making a girl get naked.

[Greenday]

Great way of quoting something while not affirming to what happened.

It's true that searches in school without warrants do not violate the 4th amendment in that case.

The difference is in that case, it was a search of her purse was found reasonable, after catching them smoking in the bathroom, while in this case, they made the girl get fucking naked.

There is a huge difference between a search of a purse, and making a girl get naked.

This. The stated case does not set a precedent for strip searches.

[Greenday]

That was found to be true but only after several appeals.

Meaning as we got to the most competent judges who have really proven to know the law.

[Greenday]

So we get back to the obvious point, school officials don't have as much experience reading and interpreting the law as the judges in the high courts. The fact that the lower courts agreed with them however shows there was merit to their actions.

Except the higher courts disagreed with them shows there really was no merit to their actions.

[Greenday]

Your example isn't a moral issue so I don't really agree with it. It also has nothing to do with performing unconstitutional acts. I mean, haven't they always taught at least the Bill of Rights in schools or is this just a recent thing that they started teaching it?

The fact that it took that long for someone to say, "Hey, you can't strip children naked without legal authority/permission" is pathetic.

[Plaidman]

So Cactus Jack, judging from your other posts, I guess this means if your daughter, (if you have one, but for this argument, lets say you do), say she's 14. Goes to school with some cough drops because of her throat.

Teacher see's this, stripes her naked to check for more cough drops, then rapes her, then people don't belive her so the teacher is giving a slap as a punishment from whatever minor trail he has. (Based on your views on the punishment the high school basketball star did in the cheerleading thread)

You still going to force her to go that school and tell her tough shit because hey, the teacher had every right to get her naked to check for drugs? That what your saying?

Awesome to know that you belive that bill of rights allows teachers to strip kids naked on a whim.

I really hope you don't work with kids.

[Greenday]

3. This case has proven that teachers legally cannot perform strip searches, something that was not proven before this case. The actions proceeding the case amazingly enough happened before the case because time machines do not exist.

Laws/rules generally come as a result of people doing stupid stuff. There had been no law specifically saying that teachers cannot perform strip searches of students because before now, no teacher was dumb enough to do something like that.

That doesnt change the fact that this is a no brainer:

Not your kid.
You aren't a legal authority.
Don't strip the kid naked.

[McDreidel09]

In high school, we were informed of our rights as students. Here were the rights:

1)Our lockers, backpacks, cars, and purses are open to be searched if there is a reason why they need to be searched. These reasons might be :
-A tip was given that you may have contraband
-The drug dogs that come through once a month indicate that there may be the presence of illegal drugs
-You are reasonably suspected to have contraband

2) Strip searches are only allowed to be performed by a police officer of the same sex. You are to be detained in the principal's office until said officer arrives. Your parents will be informed of the search.

[Andara Bledin]

You mean the student who was also connected with prescription painkillers (that a student reports made him sick) knives, and alcohol both on and off school property?

From an article on the This is True blog, "Redding, an honor student who had never been in trouble before..."

The only word the school had ever had of Redding having ever done anything all came from a pair of students who were at that time in trouble for the very thing they went after Redding for.

From a court summary, also quoted in the TiT article:

Inexplicably, although Marissa was the one found with the pills, the search conducted on Marissa was less intrusive than that later conducted on Savana, whose only link to the pills was Marissa's uncorroborated "tip." School officials asked Marissa only to lift her shirt, not to remove it entirely, as they did with Savana. The third student suspect was a boy named Chris. He was the only student suspected of the same infraction that day not required to strip for the school officials' inspection.

When speaking of the unreliability of your example, maybe you should try doing the same.

Except it took several appeals to find they didn't have the authority so that means several court systems are just as incompetent, or they follow the law of the country and not the law of sensationalism.

In that I do agree. Several court systems are just as incompetent.

You can get high from prescription pain killers.

I like how people throw out the phrase "prescription painkillers" instead of "prescription strength Advil." A classic bit of propaganda. People don't usually think of "prescription painkillers" as just being higher doses of common over the counter options; it's designed to make people think of narcotics and other stringently-controlled substances.

So we get back to the obvious point, school officials don't have as much experience reading and interpreting the law as the judges in the high courts. The fact that the lower courts agreed with them however shows there was merit to their actions.

Then they should be erring on this side of the line and not the other.

Ignorance of the law is no excuse.

1. I think by cough drops you mean prescription drugs that made other kids ill after taking them and weapons

Allegedly made other kids caught red-handed with contraband ill. And why was it that the boy who had pills found on him wasn't also searched?

^-.-^

[KitterCat]

Sorry it took me a while to find the transcript of the case. So here you go, what was found on the classmates and presented to Savana was “four white prescription-strength ibuprofen 400-mg pills, and one over-the-counter blue naproxen 200-mg pill, all used for pain and inflammation”

Naprexen incase you need to know is equivalent to asprin. So she got strip searched for a high dose of ibuprofen and asprin. Neither can get you high.

Per the court “Be-cause Wilson knew that the pills were common pain relievers, he must have known of their nature and limited threat and had no reason to suspect that large amounts were being passed around or that individual students had great quantities.”

http://www.aclu.org/files/pdfs/drugp...otusruling.pdf

Going by your reasoning it would be ok for the school to strip any kid down for fear that they’ll pass out advil, because it’s a rule. Doesn’t matter if the rule is just, it’s a rule and we’re to follow them wither they make sense or not. I have to ask, do you ever wonder why more people are going for home schooling now than they did a decade ago?

[Andara Bledin]

Aside from having alcohol and cigarettes at a dance. She also owned a binder with knives and drugs in it. More then enough evidence for reasonable doubt.

She was alleged to have had parents that hosted a party with alcohol by a same teen that alleged she was the source of the pills. Hardly a reliable source by any measure.

She owned a binder. The binder had knives in it. The binder, with the knives in it was in the possession of the other teen who alleged she was the source for the contraband. Again, hardly a credible witness.

Also I like how people throw out "honor student" like its a get out of free card, but rage about if an athlete gets less then the maximum sentence plus 20 lashes. Double standard much?

It, along with the unblemished record within the school system, show a mark of character.

You shouldn't do something just because several judges believe it is legal. You should make sure to ask every judge in America before doing anything.

Short answer to a ridiculous statement: Yes.

If a person is too ignorant to figure out whether or not something might be considered a violation of a basic right, then maybe they should just avoid being in a position of such responsibility.

^-.-^

[Greenday]

I'm not sure if I can simplify this any more.

What could possibly make school staff think they had the legal right to strip search a child without legal representation or permission from the parents?

You'd have to be a moron to think it's okay. (so before you post, yes, those judges who ruled it okay are morons)

[blas87]

If I had a kid and they were being strip searched without my permission, there would be heads rolling. I can almost promise I did not mean that facetiously.

My parents would have done the same for me. They even told me if I were ever involved in anything with the principal or the police, to talk to them first and not answer any questions. One time the school cop would NOT let me call my mom before he started questioning me about a hit and run car accident that I was the prime suspect for (don't even get me started on that story, I wasn't even there when it happened). The school cop called my mom AFTER he questioned me and she tore him a new asshole. He's just lucky he called my mom first and not dad.

[McDreidel09]

You call them morons but you can't understand the concept that if something is ruled a certain way in court then it is legal until it is overturned.

Legal =/= Smart.

What they did was moronic, even if it was considered legal before being overturned.