Posted on July 1, 2009 by Todd Sorensen

School's Strip Search Deemed Unconstitutional

In May 2009 this blog reported on oral arguments made before the United States Supreme Court in Redding v. Safford United School District. To view the original blogpost, setting for the core facts underlying the dispute, click here.

On June 25, 2009, the Supreme Court issued its opinion, finding that the school’s strip search of 13 year-old Savanna Redding violated the Fourth Amendment because “there were no reasons to suspect the drugs presented a danger or were concealed in her underwear.” In the absence of such immediate danger or evidence that the student was concealing drugs in her underwear, school officials could not make “the quantum leap from outer clothes and backpacks to exposure of intimate parts.”

The Court attempted to soften the blow to school administrators by acknowledging that the administrators’ motives in this case appeared pure, but nonetheless “the Fourth Amendment places limits on the official, even with the high degree of deference that courts must pay to the educator’s professional judgment.”

To view the complete Supreme Court opinion, click here.
 

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Posted on May 11, 2009 by Todd Sorensen

United States Supreme Court Hears Argument On School Strip Search Case

On April 21, 2009, the U.S. Supreme Court heard oral arguments in a case involving the controversial strip search of 8th grader Savana Redding, Redding v. Safford United Sch. Dist. No. 1.

In August 2003, public school officials observed disorderly behavior at a school dance among a group of students, including Savana Redding. Officials believed they smelled alcohol. Nearly two months later, a student informed officials he had received pills from Redding and her friend, Marisa. School officials searched Marisa and found pills, which Marisa attributed to Redding. They also found Redding’s organizer, which Redding insisted Marisa had borrowed several days earlier, in Marisa’s vicinity. The organizer also contained pills.

School officials then retrieved Redding. Redding denied ever possessing or distributing drugs and invited officials to search her backpack, which they did, finding nothing. Nevertheless, school officials subjected Redding to a thorough strip search, requiring her to remove her jacket, shoes, socks, pants, and shirt, then pull out her bra to one side and shake it, while exposing herself. Finally, they required Redding to pull her underwear out and expose her pelvic area.

Redding filed suit, alleging violation of 42 U.S.C. § 1983 by virtue of the public school’s violation of her Fourth Amendment rights. After the trial court granted summary judgment in favor of the school district, the Ninth Circuit affirmed, finding the search reasonable. However, the Ninth Circuit subsequently reheard the case, vacated its earlier decision, and reversed the trial court’s dismissal, finding the search unreasonable. The school district appealed the decision to the U.S. Supreme Court.

The U.S. Supreme Court will be asked to decide whether the search of Ms. Redding was reasonable. Under the Court’s precedent, New Jersey v. TLO, the reasonableness of a search by public school officials on school premises during school hours is determined by considering whether the search was: (1) justified at its inception; and (2) reasonably related in scope to the circumstances which justified the search. Williams Kastner will update this blog post on the Redding case once the Court hands down its decision.

Redding v. Safford Unified Sch. Dist. No. 1, 531 F.3d 1071 (9th Cir. 2008)

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