A federal court ruled that strip searching a 13-year-old girl suspected of having ibuprofen was illegal. Previously, a ruling in Arizona found the search hadn’t violated her Fourth Amendment rights because school officials have an interest in protecting kids from prescription drugs. That decision, however, has been overturned.
“Directing a 13-year-old girl to remove her clothes, partially revealing her breasts and pelvic area, for allegedly possessing ibuprofen, an infraction that poses an imminent danger to no one, and which could be handled by keeping her in the principal’s office until a parent arrived or simply sending her home, was excessively intrusive,” Justice Kim McLane Wardlaw wrote for the majority….
In a dissenting opinion, Justice Michael Daly Hawkins wrote: “We should resist using our independent judgment to determine what infractions are so harmful as to justify significantly intrusive searches.”
“Seemingly innocuous items can, in the hands of creative adolescents, present serious threats. “Admittedly, ibuprofen is one of the mildest drugs children could choose to abuse. But that does not mean it is never harmful.”
Gum drops, candy bars, and, of course, cigarettes can be harmful to kids. That doesn’t mean it’s worth the indignity of a strip search. To the federal court, good job. And to the Arizona court, a belated fuck you.
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