Strip-Search Of Student In California Held Unconstitutional

The U.S Supreme Court held that a middle school went to far when it conducted a “strip-search” of a student that was suspected of possessing prescription pain pills.  In this case, a middle school student (S) reported to the principal that another student provided him with a pill and that he got sick after he took it.  On the day in question, the student told the principal that students were going to take the pills at lunch.  The principal hauled in the student who allegedly gave S the pill and the principal discovered several over-the-counter and prescription pain killers.  That student told the principal that R gave her the pills.  R was taken to the office and she denied any wrongdoing and agreed to a search and no contraband was found.  The principal then ordered the school nurse and an administrative assistant to the nurse’s office where they had R strip down to her underwear and bra and made her pull out her bra and underwear.  Again, no contraband was found.

After hearing about what happened to her daughter at school, R’s mother sued the school district, the nurse, and the administrative assistant for violating R’s constitutional right against unreasonable search and seizure.  The case made it all the way to the US Supreme Court who held that the school went too far and the search in this case did in fact violate R’s constitutional rights.  The court reaffirmed the rule that school officials need only reasonable suspicion to search but held that search is only permissible when it “not excessively intrusive in light of the age and sex of the student and the nature of the infraction”.  The court found that the search of R’s backpack was OK but, to justify a “strip-search”, the school needed reasonable suspicion of danger to the students if the power of the drugs or their quality could be dangerous (which was not present here), or reasonable suspicion that R was carrying drugs in her underwear.

This case highlights the extreme measures that schools are going to these days and how school settings can turn into a prison setting with an innocent child being victimized in the process.  Juvenile Criminal law in California is very different in many ways from adult criminal law.  If your child is facing criminal charges in California it is important to hire a law firm that is familiar with the unique procedures in juvenile criminal court.  Nothing is more important than the safety and freedom of your child.  Please don’t hesitate to contact the experienced and aggressive Orange County  juvenile criminal attorneys at the law firm of Wallin & Klarich.  We’ll be there when you call.