These same legal protections from unreasonable searches and seizures are not guaranteed to todays k12 student population. Jun 25, 2009 the ruling in safford united school district v. Redding, involving the strip search of a middle school student for nonprescription drugs. United states court of appeals for the ninth circuit citation. After escorting yearold savana redding from her middle school classroom to his office, assistant principal wilson showed her a day planner containing.
The events immediately prior to the search in question began in yearold savana reddings math class at safford middle school one october day in 2003. The justices will hear arguments on tuesday, april 21, in safford unified school district v. In addition to searching her personal belongings, the school. Redding 2009 was a case decided by the supreme court of the united states on june 25, 2009. Safford united school district v redding redding, an 8th grader at safford middle school was stripsearched by school officials on the basis of a tip that she was in possession of ibuprofen school policy prohibited student possession of ibuprofen. The assistant principal of the school, kerry wilson, came into the room and asked savana to go to his office. The court would decide if the strip search of a year. In october 2003, jordan romero, a student at safford middle school, brought a 400 mg. Argued april 21, 2009decided june 25, 2009 after escorting yearold savana redding from her middle school classroom to his office, assistant principal wilson showed her a day. Apr 01, 2009 juvenile law center filed an amicus brief in the supreme court of the united states in support of savana redding, a thirteenyearold middle school student who was subjected to a strip search at school. Why qualified immunity is a poor fit in fourth amendment school search. Juvenile law center filed an amicus brief in the supreme court of the united states in support of savana redding, a thirteenyearold middle school student who was subjected to a strip search at school. Nor will she be the last after todays decision, which announces the safest place to secrete contraband in school.
Respondent, a year old student, was called to the office of assistant principal wilson, who opened a day planner on his desk, in which there were several knives, lighters, and a cigarette. Parker is a graduate of middlebury college and harvard law school. Redding safford,1 a case regarding the civil rights standards to which lowereducation school officials are held when they conduct a search of a students property. Today, the supreme court of the united states will hear arguments in the case of safford unified school district v. Respondent, a year old student, was called to the office of assistant principal wilson, who. The book offers an excellent overview of the separate criminal justice systems for. It has been accepted for inclusion in depaul journal for. Take your hr comms to the next level with prezi video. This article is brought to you for free and open access by the college of law at via sapientiae. Safford unified school district argued that the ninth circuit created a new rule that requires public school officials to have more evidence of illegal possession of drugs or weapons at school than an unproven tip from another student. School officials are not subject to the same warrant and probable cause requirements required of law enforcement officials to. At dwiggins bankruptcy law we have many years of experience assisting redding, california and the surrounding areas families and individuals achieve vital debt relief. But even under the prevailing fourth amendment test established by new jersey v.
Savana redding was a yearold honors student with no prior disciplinary record when she was called out of class by the assistant principal of her school in safford, ariz. The supreme court agreed to hear the school districts appeal. Invision employees share their remote work secrets. We merely decide whether the decision to strip search savana redding, on these facts. The legal freedom from unreasonable searches and seizures is guaranteed to all adult citizens under the fourth amendment of the u. Perhaps the only thing more likely to get the public talking about jurisprudence than a salient case reaching the supreme court is a vacancy thereon. Redding offers schoolchildren little protection in placing limits on student strip searches george m. Earlier that day, another student at the school had been caught with the most insidious and dangerous drug that has plagued our cities for. Ginsburg was so disappointed at her male colleagues insensitivity to what this treatment would mean to a girl of this age that she expressed her disappointment to. This article explores the legal and ethical implications of the u. Bruce dwiggins, owner and lead bankruptcy attorney can help in stopping foreclosures, lifting bank levies and wage garnishments, stopping repossession and more through a chapter. Part ii discusses the safford decision and the law established by. Redding, involving the strip search of a yearold student by school officials.
As a prelaw student you are automatically registered for the casebriefs lsat prep. Redding, the ibuprofen stripsearch case roundup on safford united school district v. After agreeing to have her belongings searched, school officials were unable to find any other traces of contraband. I agree with the court that assistant principal wilsons subjection of yearold savana redding to a humiliating stripdown search violated the fourth amendment. United states court of appeals for the ninth circuit. S 364 april 21, 2009 facts and history savana redding was accused by assistant principal kerry wilson to have brought contraband onto school property hidden in a notebook. Student strip searches are one such example of a legal and ethical dilemma facing todays school leaders. Complying with an order is the antithesis of the offense of resisting.
Savana redding, an eighth grader at safford middle school, was stripsearched by school officials on the basis of a tip by another student that ms. She was suspected of distributing prescriptionstrength ibuprofen pills due to the accusation of another student found with pills, although no pills were found. Finding that savanas savanas right was clearly clearly established at the time of the search, it reversed the summary judgment as to wilson, but affirmed as to schwallier and romero because they were not independent decisionmakers. The american civil liberties union represents april redding, the plaintiff in the. Court decision that considered the question of how far. Your gift will make a lasting impact on the quality of government and civic participation in north carolina. Court of appeals for the ninth circuit, which found that school officials violated the constitutional rights of a yearold arizona girl when they strip searched her based on a classmates accusation of ibuprofen possession. Discipline in schools after safford unified school district.
But i also agree with justice stevens, ante, at 12, that our opinion in new jersey v. Slate magazine senior editor dahlia lithwick talked about the case of safford unified school district v. He teaches at new york law school and at columbia university school law institute. School administrators had received a tip from another student that savana had brought prescriptionstrength ibuprofen to school.
Supreme court heard oral argument in the case of safford unified school district v. Qualified immunity allows public officials to carry on their duties. In its only other fourth amendment school search decision, the 1985 decision of new jersey v. Redding, asks whether school officials were justified in searching a yearold middle school honors student for possession of prescription drugs. Under saffords version of events, only a plainly incompetent officer who knowingly violates the law could have believed that probable cause existed.
Court cases through safford united school district v redding. Ahranjani wish to thank third year law student caleb medearis for his invaluable assistance in. Safford unified school district brought to you by free law project, a nonprofit dedicated to creating high quality open legal information. But her denial alone does not negate the reasonable suspicion held by school officials. Savanna redding, honors student, sat in her math class at safford middle school. Jun 25, 2009 redding by findlaw staff on june 25, 2009 2. Since 1972, weve been hard at work in communities and schools across the country and around the globe, developing programs and teaching materials that educate people about law and government. Redding 08479 made clear that, while the court seriously frowns on strip searches of students, those have not been forbidden totally. Supreme courts recent case safford united school district v. Redding, holding that school officials violated the constitutional rights of a yearold arizona girl when they strip searched her based on a classmates uncorroborated accusation that she previously possessed ibuprofen.
The majoritys decision in this regard also departs from another basic principle of the fourth. Discipline in schools after safford unified school. Redding and the future of school strip searches, 60 case w. The school of government depends on private and public support for fulfilling its mission. Redding might have ibuprofen on her person in violation of school policy.
Savanas mother filed suit against petitioner school district safford, wilson, romero, and schwallier, alleging that the strip search violated savanas fourth amendment rights. Every year in america, an unknown number of children in primary. Redding, a case involving the strip search of savana redding, a yearold student of safford middle school, reached the u. Home case briefs constitutional law safford unified school district v. Supreme court addressed the issue of schoolbased strip searches, determining that a strip search for ibuprofen had violated a students constitutional right to privacy. Supreme courts decision in safford unified school district v. Parker is the director of the aclu racial justice program. Redding certiorari to the united states court of appeals for the ninth circuit no. The court said the strip search was unjustified under the 4th amendment test to be able to search children by school officials in new jersey but said her right. A bit more attention is given to safford school district v. Redding case from bu 261 at erie community college, suny.
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