Jul 12th, 2008
Posted by Jag Davies, Drug Law Reform Project at 10:02am	Drug Law Reform

Strip Search of 13-Year-Old for Ibuprofen Ruled Unconstitutional

If you have a problem with school officials strip searching 13-year-olds for Advil — or if you care about the government’s standards for informant use and invasive searches — you can take relief in yesterday's ruling by a full panel of the U.S. Court of Appeals for the 9th Circuit, which ruled 6-5 that students cannot be strip-searched based on the uncorroborated word of another student who is facing disciplinary punishment.

“A reasonable school official, seeking to protect the students in his charge, does not subject a thirteen-year-old girl to a traumatic search to "protect" her from the danger of Advil,” the federal appellate court wrote in today’s opinion. “We reject Safford’s effort to lump together these run-of-the-mill anti-inflammatory pills with the evocative term ‘prescription drugs,’ in a knowing effort to shield an imprudent strip search of a young girl behind a larger war against drugs.”

“It does not take a constitutional scholar to conclude that a nude search of a 13-year-old girl is an invasion of constitutional rights. More than that: it is a violation of any known principle of human dignity,” the court continued.

In addition to finding the strip search unconstitutional, the court held that the school official who ordered the strip search, Vice Principal Kerry Wilson, is financially liable in the case and cannot claim qualified immunity.

The ACLU co-represented the student, Savana Redding, before the U.S. Court of Appeals for the 9th Circuit, which decided to reconsider the case after a three-judge panel ruled 2-1 that the strip-search was legal.

For a case like this, it’s hard to understand how the unconstitutionality of strip searching Redding could even be up for debate. Consider how flimsy the government’s case was:

• No physical evidence suggested that Redding — an honor roll student with no history of substance use or abuse — might be in possession of ibuprofen pills or that she was concealing them in her undergarments.
• The strip search was undertaken based solely on the uncorroborated claims of a classmate facing punishment, who was caught with prescription strength ibuprofen — the equivalent of two over-the-counter pills of Advil. (And why on earth might a teenaged girl have ibuprofen?)
• No attempt was made to corroborate the classmate’s accusations among other students or teachers.
• The classmate had not claimed that Redding currently possessed any pills, nor had the classmate given any indication as to where they might be concealed.
• No attempt was made to contact Redding’s parents prior to conducting the strip search.

If you want to get some background information on the abundance of scientific literature describing the serious psychological repercussions of being strip-searched at age 13, you should check out the briefs of support that were also filed by the National Association of Social Workers and the Rutherford Institute.

“The strip search was the most humiliating experience I have ever had,” said Redding in a sworn affidavit following the incident. “I held my head down so that they could not see that I was about to cry.”

As Reason’s Jacob Sullum insightfully observed in his article on the case, “The School Crotch Inspector”:

"There are two kinds of people in the world: the kind who think it's perfectly reasonable to strip-search a 13-year-old girl suspected of bringing ibuprofen to school, and the kind who think those people should be kept as far away from children as possible … Sometimes it's hard to tell the difference between drug warriors and child molesters.”

The same safeguards and regulations on informant use that we have been advocating in the context of criminal drug proceedings apply even more so to the context of school, where young people are particularly vulnerable to unsubstantiated rumors and finger-pointing by vindictive peers.

Permalink |	Drug Law Reform

1. Jason Says:
   Jul 12th, 2008 at 7:07pm

   Who exactly where the 5 that voted yay on this? These individuals need to be put on trial themselves to make sure they are indeed fit for office, or their resignations demanded immediately.

2. anonymous Says:
   Jul 12th, 2008 at 9:41pm

   "“There are two kinds of people in the world: the kind who think it’s perfectly reasonable to strip-search a 13-year-old girl suspected of bringing ibuprofen to school, and the kind who think those people should be kept as far away from children as possible … Sometimes it’s hard to tell the difference between drug warriors and child molesters.”"

   Apparently at least five of the justices on the 9th circuit court of appeals are the kind to keep away from children...

3. lane Says:
   Jul 12th, 2008 at 11:36pm

   O
   M
   G
   !

   I rekanize how spun up you are on this topic, and there should never have been any doubt that this young lady had her rights violated.

   But come on! "The strip search was the most humiliating experience I have ever had" is a quote you have printed, ostensibley from a 13 year old.

   WHO CARES what a 13 year old has to say about how this or that action may have caused him or her trauma? Stick to the facts, idiot!

   What is this crap: "Sometimes it’s hard to tell the difference between drug warriors and child molesters"

   Yeah! I guess if you are looking for child molesters it's hard to sort it all out.

   But when you are reporting on a Circuit Court opinion, maybe you should keep your own opinions to yourself ... if you want to seem credible to a casual onlooker.

   But if you are only trying to look spiffy in the eyes of a faithful fanbase, well then I guess you probably don't care for my objective opinion, do you?

4. Scared Says:
   Jul 13th, 2008 at 1:21am

   Wow! I couldn't imagine someone being so horrifically stupid!

   I hope they sue the holy hell out of the parties responsible as well as bring criminal charges against them. That is sad and frightening.

5. Pat Says:
   Jul 13th, 2008 at 2:23am

   "...the U.S. Court of Appeals for the 9th Circuit, which ruled 6-5..."

   Um... 6 to 5? WTF? That is the scariest part of this article.

   Where is this country going?

6. John Roberts Says:
   Jul 13th, 2008 at 5:26am

   LOL, Welcome to the new Regime! Condition them to unreasonable search and seizure while they are young. Way to go Dictator Bush!
   FireMe.To/udi

7. Renfield Says:
   Jul 13th, 2008 at 7:32am

   Good for the court. Still, five crackpots on the Ninth Circuit thought the strip search was OK.

8. James Says:
   Jul 13th, 2008 at 8:15am

   Another reason NOT to support public school. Homeschooling is looking better and better each year.

9. thereisnorule6 Says:
   Jul 13th, 2008 at 8:36am

   6-5?

10. Femme Says:
    Jul 13th, 2008 at 11:51am

    You know I have to wonder what the hell these teachers thought they were doing. If something like this happened to my daughter, who is now 13, you can bet I'd hurt that teacher horribly and or strip search him/them in front of the school of children.

    What a moron. And there are times when I 13, 14, 15, 16 etc. female will have Advils in their purse and not because they are doing something illegal.

    I'm also blown away that there was a 2 to 1 ruling in favor of the search the firs t time and also not a 11 - 0 ruling this time. What the hell were those 5 Justices thinking? I'd love to read their reasons on that and would also like to know how many were male and how many were put in by which party.

11. hall monitor Says:
    Jul 13th, 2008 at 7:44pm

    This story made detentionslip.org! Voted #1 for crazy news in education.

12. Sally Says:
    Jul 14th, 2008 at 10:41am

    Every person involved that thought this was okay should be taken to a public podium and forcibly strip searched. These people need a one way ticket in a time machine back to 1941 Germany.

    Send letters to your Legislators to have the consenters Disbarred.

13. Trav Says:
    Jul 14th, 2008 at 10:47am

    O
    M
    G
    Lane, can you look like much more of an idiot?
    i do believe that the facts where indeed reported in an objective manner.

    The quotes serve to add gravity to this story.
    next time think before you post.

14. blimey Says:
    Jul 14th, 2008 at 10:53am

    geez, Advil!!! hmm maybe the girl had her period and had cramps?? that's reason enough to lock her up in prison. most vice principals are on power trips

15. plasticAngel Says:
    Jul 14th, 2008 at 11:01am

    @ lane:

    This is a blog, not an AP wire article. Last time I checked, bloggers were perfectly allowed to write whatever the hell they want.

    Another note: reputable news sources also publish quotes from involved parties in their stories. Perhaps you should pick up a newspaper occasionally and have a bit of compassion. We're talking about a 13-year-old child who will remember this forever. God forbid it happen to one of your children; I'm sure you'd feel differently then.

16. Judy Says:
    Jul 14th, 2008 at 12:10pm

    When is it EVER Ok to strip search a 13 yo boy or girl? Never.

17. floort.com Says:
    Jul 14th, 2008 at 2:56pm

    This is outrageous. How can 5 of them vote that it was OK?

18. Liberal Idiots Says:
    Jul 14th, 2008 at 3:16pm

    This is the Liberal Idiots on the Bench who voted for this being OK. Conservatives would never have allowed this to happen!

19. sam Says:
    Jul 14th, 2008 at 3:28pm

    do they think ibuprofen gets your high?

20. Whatever Says:
    Jul 14th, 2008 at 3:31pm

    The sad thing is that the 2 Justice's that voiced their dissent were not appointed by Evil Bush. They were apppointed by Clinton. So much for blaming Bush for this.

21. WHAT!? Says:
    Jul 14th, 2008 at 3:32pm

    This is sick. These people need to be brought out and public and paraded around naked for the whole world to see. Then beating for good measure.

22. David Says:
    Jul 14th, 2008 at 3:38pm

    This guy needs to be president. This is EXACTLY how i want the schools my children go to do their searches. Children have no rights for a reason, and at least 5 people on that board agree.

23. Citizen Says:
    Jul 14th, 2008 at 3:41pm

    Do that to one of my children and I will show them one of the things the second amendment is for.

    That is unthinkable to have happen in america, don't we overthrow third world ratholes for that kind of thing?
    Five of those judges need to face a vote of no confidence to keep their jobs.

    Want to know why home schooling is more and more popular? it used to be to protect the children from gangs, I guess it still is, the membership has changes though.

    Failure to even try to notify the parents is abduction, then to strip them at least molestation, put them on the sex offenders list, to do all of this on an uninvestigated word of someone trying to get out of trouble is unthinkable.

    Fire everyone involved while bringing them up on charges of child abduction, molestation, malfeasance of office and abuse of power.

24. cybersaur Says:
    Jul 14th, 2008 at 3:55pm

    Criminal charges need to be brought against the school faculty that participated in this strip search. Sounds like a strong case of "indecency with a minor". Seize the school officials' home and work computers and look for evidence of child porn. Those that participated should be strip searched in jail. The school system should be sued into bankruptcy.
    This is unconscionable!

25. Don Says:
    Jul 14th, 2008 at 4:01pm

    @ lane:

    Your opinion on the posting of someone else's opinion is worth about as much as anyones opinion.

    Find somewhere else to troll.

26. Brian Says:
    Jul 14th, 2008 at 4:03pm

    Lane, this is the ACLU's website, the group that helped represent this 13 year old girl, they have no reason to report this in an objective manner. I would hope that they would find this disturbing and outrageous. I feel that way and I was not part of the trial.

27. Rick Says:
    Jul 14th, 2008 at 4:07pm

    This is insane. The parents weren't even contacted? Someone needs to lose their job and go to jail. If someones boss were to strip search them what would happen, or if a college dean were to strip search a student?

    Last I checked a school official was not allowed to strip search the children. The police maybe but not over accusations of having advil.

    Anyone whom thinks this is O.K is crazy.

28. Niki Says:
    Jul 14th, 2008 at 4:20pm

    6-5 is a complete joke. If I were that child's mother, they'd have to pry me off Kerry Wilson's face with a crowbar.

    I'm concerned that the actual persons carrying out the search were allowed reprieve because they were simply "following orders." Excuse me, but if you don't have the good sense to stand up and speak for a child as a show of basic integrity, then you have no business being employed in an arena where children are involved. I'd say they deserve to be on the chopping block, because it's vile, and they knew better.

29. DB Says:
    Jul 14th, 2008 at 4:35pm

    Since when is it in any way shape or form illegal to be in possession of an over the counter headache medication? Even if this happened in a prison it would be outrageous. Think about how children who grow up in these school will feel about civil liberties, or even being civil when they grow up? I shudder to think what kind of society we are building.

30. abuse Says:
    Jul 14th, 2008 at 4:38pm

    who gives a teacher the right to do this. not the law not the parents.the girl cant even consent to this.
    that teacher must get fired and never be allowed near children again.power trip.
    this is a criminal matter. the teacher should be locked up. i hope they get stripped searched aswell. WTF is happening to america.
    i was a teacher in south africa and if i had done this i would have been arrested on statutory child molestation charges..AAAAAAAAH wake up america.dont stand for these people get rid of them..

31. gus Says:
    Jul 14th, 2008 at 4:45pm

    The main concern here should be that there are 5 dangerous morons on the 9th circuit court of appeals bench who would have rubber stamped this.

    It is absolutely delightful that the self-righteous kiddy-fiddling scumbag who ordered this search will now be held directly and personally financially liable. I bet he's sorry now, but let's face it this is the only thing that will make scum like this think twice.

    It's a great example of how some pinheads will act when put in charge of a school and in charge of the **CARE** of kids. Bloody disgusting!

    Now, if only we could strip these 5 idiots of their black robes permanently.

32. MC Says:
    Jul 14th, 2008 at 5:54pm

    I agree with most of the commentary here; What this girl went through was blatantly unfair. It is hard enough for girls at that age, going through puberty, and I wouldn't blame girls for using prescription strength Advil if they do--As a female, the first 5 plus years of my menstrual cycle were sometimes dehabilitatingly painful. And even if they were accused of carrying something worse than Advil, a verbal accusation alone is not sufficient cause to strip search a kid.

33. Brad Says:
    Jul 14th, 2008 at 6:13pm

    How anyone can think strip searching that 13-year-old girl was OK, has certainly lost their mind.

    It was an injustice. Picture yourself in such a situation, and not feel sick.

    How unfortunate for humanity that people think that was reasonable.

34. Anonymous Says:
    Jul 14th, 2008 at 7:07pm

    I don't get it. Ibuprofen is an over-the-counter drug, it can be sold to a five year old child. What's the point of strip-searching a student for a legal substance?

35. Andrew Says:
    Jul 14th, 2008 at 7:52pm

    Jason, you posed the exact same question I had a few seconds into this article...

    People should not be thinking about keeping people like those who would strip search a 13yo away from children, they should be putting them and those 5 who voted it constitutional into a HOLE!

36. Aaron Says:
    Jul 14th, 2008 at 8:16pm

    School officials should not be able to search anyone for anything, unless they are explicitly putting someone else in danger (guns, bombs, knives, whatever). I always had a bottle of ibuprofen in my locker at school (graduated last month), and some kids would even get it from the office or the librarian. Are these people criminals for handing out "drugs" to kids? My high school was from eighth grade to grade twelve, meaning that there were plenty of 13 year olds running around.

    I'm positive that the girl would have been able to say No and just walk out. They can't detain you for anything. Thats kidnapping, folks. I would never submit myself to being searched in ANY way unless a police officer was present with a warrant or with probably cause.

37. Outraged Says:
    Jul 14th, 2008 at 8:47pm

    The school system is an autocratic regime system that does what it pleases with little concern for due process or democratic ideals. The school system, any where in this country, yes I am using broad strokes, has never had a customer service relationship with the local community and the services it is supposed to render. The lesson plans are ripe with political rhetoric, glossing over US history where it does not suit liberals or neocons agenda, teachers preaching religion, what you should be eating, dieting, the way you dress, recycling (introduced in the classroom in California in the 80's), condoms and sex ed, MADD & DADD rallys, etc. (insert all the other non-traditional educational related issues covered in school, the list goes on)

    The old adage of shit floats to the top comes to mind for both the school system and the courts.

38. gopindra Says:
    Jul 14th, 2008 at 8:48pm

    @lane:

    You wrote: "But if you are only trying to look spiffy in the eyes of a faithful fanbase, well then I guess you probably don’t care for my objective opinion, do you?"

    Clearly, you don't understand the meaning of either "objective" or "opinion".

    To comment on the story: Clearly ibuprofen is an over-the-counter drug and any attempt to confuse it with prescription drugs that pose a risk of abuse represents an obvious smokescreen.

39. Anonymous Says:
    Jul 14th, 2008 at 10:03pm

    It's a lot of nonsense, when I immigrated to the States 30 years ago even though all the papers were in order my whole family had to be strip searched at the airport, it was routine procedure, probably still is.
    It won't do her any harm she'll be fine.
    However, if you don't want to waste your child and teen years, don't go to a public school, it's just a lot of nonsense.

40. Anonymous Says:
    Jul 14th, 2008 at 10:18pm

    1-2 then 6-5. The United States is slowly going down the drain. Republican Confederacy is on the rise.

41. Nick Says:
    Jul 14th, 2008 at 10:28pm

    I agree, this is completely outrageous. Not only the school officials who conducted the strip search should be tried for child molestation and imprisonned, but they should also be kept away from children and put on the list of sexual predators. The same should apply for the 5 sick perverts who voted that it was OK to strip search 13 year-old kids. I'd go as far as saying that the school should be closed, as its failure to even NOTIFY the parents beforehand shows that they do not have the qualifications to take care of our children.

42. Anonymous Says:
    Jul 15th, 2008 at 12:35am

    Do not question master - Rule #1
    Do not break masters rules - Rule #2
    Any other questions return to rule #1

    HAIL BUSH, WITHOUT YOU WE COULD NEVER PISS GOD OFF ENOUGH TO DESTROY US.

    OR DOES GOD EVEN CARE ANYMORE?....

43. Bob Says:
    Jul 15th, 2008 at 12:37am

    It's not as clear cut as the article makes it out to be. Read the dissenting opinions. This girl was caught bringing knives and stuff to school. She was popped the month before drinking at a school function, and another student had complained that she was hosting parties at her trailer home with booze provided by her mom. Another student told the administrators that she was distributing pills at school, and they had two different kind of pills already. They didn't know what they were going to find. It wasn't like they just went looking for Advil.

44. byebyeconstitution Says:
    Jul 15th, 2008 at 6:42am

    This is absolutely ridiculous. The idiot Vice Principal should be on trial next for an illegal search and seizure. The Constitution should hold more water than these made up laws that allow adults to invade the privacy of youngsters. The judicial system and government officials of this nation have their heads so far up their asses, they are too blind to see this.

45. M Says:
    Jul 15th, 2008 at 9:49am

    The comments speak to the idea that people do not understand the legal system.

    Judges do not have the flexibility to express personal opinion. They must, by definition of their position, interpret the law as it is written.

    I once met Supreme Court Justice Scalia and he explained that he once became physically ill from a decision that he had to make in a child rape case. What was ‘right’ was one thing. What the ‘law said’ was another.

    The law is wrong. Blame your legislator.

46. PhiLLy in DaLLaS Says:
    Jul 15th, 2008 at 9:54am

    Does anyone else not see the slow process of this country going str8 down the drain? How on earth could they possibly justify strip-searching a 13 year old??? Unless he/she has some heroine/cocaine that it is ABSOLUTELY CERTAIN it is on them, no child at 13 should be strip-searched. And to the jackass above, the girls comment was added to add emphasis to the injustice because she is traumatized!!!!!!

47. Andrew, Moscow Idaho Says:
    Jul 15th, 2008 at 12:02pm

    This is exactly what the drug war is leading to. Its pathetic. I wish the court had the insight to make the connection with every other kind of drug. There is nothing in the constitution that says the government has the right to abolish any drug. thats why they amended it in the prohibition period. This case could have gone much further to protecting constitutional rights, but they dropped the ball.

48. Bob Says:
    Jul 15th, 2008 at 8:00pm

    "no child at 13 should be strip-searched."

    Then stop voting for politicians who appoint judges that think it is OK, and stop voting for politicians who pass laws making it OK. This is part of what you get by voting for the lesser of two evils every election instead of the actual best candidate. Lie in the bed of your making.

49. Pete Says:
    Jul 15th, 2008 at 8:12pm

    @Bob:

    You stated: "It’s not as clear cut as the article makes it out to be. Read the dissenting opinions. This girl was caught bringing knives and stuff to school. She was popped the month before drinking at a school function, and another student had complained that she was hosting parties at her trailer home with booze provided by her mom. Another student told the administrators that she was distributing pills at school, and they had two different kind of pills already. They didn’t know what they were going to find. It wasn’t like they just went looking for Advil."

    That being the case it was a matter for the police to do all of this through due process. It should never have been the decision of a school vice principal who has no law enforcement authority to do this type of search. I have a 3-year old daughter and I find it distrubing to think that a school officials feels it is within his rights to perform a strip search, without contacting the parents or police.

    I think I know why the police were not involved; they would have told him that his no probable cause to do that type of search. Shoot, people who commit crimes are not even subject to a strip search until they have been arrested first.

50. Andy in Texas Says:
    Jul 16th, 2008 at 9:50am

    These close call votes are very scary. 6-5? How could five United States Federal Judges think strip searching a little girl because she has aspirin/Advil, not to mention that if for some reason that is against the rules, it was just alleged by some student who got in trouble for having extra strength Ibuprofen and no evidence to back it up. Americans freedom seems to be running on thin lines these days.

    This reminds me of another close call case, 5-4, yes 4 judges on the United States Supreme court actually had the
    audacity to make an outrages frivolous claim that the second amendment was a "collective" right, can you imagine, a BIll of Rights and they claim it was an amendment to protect the rights of government, ha, because that is what this country is all about, right.

    ACLU I would support them if they started protecting all rights and not picking and choosing to there ultra liberal liking.

• 
• 1
• 2
• 

Name

E-mail

The content of this field is kept private and will not be shown publicly.

Homepage

• Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd>
• Lines and paragraphs break automatically.

More information about formatting options

CAPTCHA

This question is for testing whether you are a human visitor and to prevent automated spam submissions.

What code is in the image? *

Enter the characters shown in the image. Ignore spaces and be careful about upper and lower case.