Apr 19, 2009

please, SCOTUS, get the strip search decision right

No middle school authority figure anywhere should be given the legal authority to strip search a student when looking for prescription-strength ibuprofen. This should not be controversial.

Especially not...
  • When the suspect has already consented to have her backpack and outer garments searched.
  • When the only rationale for the search comes from a dubious informant.
  • When a parent is not previously informed of the search, or present during the proceedings.
It's going to take a Supreme Court decision to make legally plain the painfully obvious. If they get this one wrong...

Update: Orin Kerr thinks they'll get it right--for boring legal reasons.

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