This is an outrageous case for many reasons:
First of all, that any kind of search on the person of a minor was done without the parents being a. informed b. present, and c. accompanied by a lawyer.
I specify on the person since schools can and do search school lockers and backpacks. There are schools where security necessitates that lockers and backpacks be searched, and as Delaney and Aqui pointed out, a SCOTUS decision said it was not unconstitutional to search backpacks.
However, any kind of body search, including pat-downs, is a much different thing. The Safford Middle School did an actual strip search, a traumatic incident even to an adult.
The parents have every reason to sue.
Equally outrageous is the fact that the school district has pressed this court case all the way up to the Supreme Court.
The entire school board and all the administrators and employees involved should have been fired. It boggles the mind to realize that the school district has persisted in incurring the kind of expense involved in pursuing this case, even after a federal appeals court deemed the search “excessively intrusive.”
The Bill Of Rights, in the Fourth Amendment specifies (emphasis added),
Amendment 4 – Search and Seizure. Ratified 12/15/1791.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The CNN article reports,
In its appeal to the high court, the school district said requiring a legal standard of “probable cause” to conduct student searches would cast a “roadblock to the kind of swift and effective response that is too often needed to protect the very safety of students, particularly from the threats posed by drugs and weapons.”
So let me ask you something:
Now that the punk Somali pirate has arrived in Manhattan and is awaiting trial, where he will be granted every protection under our Constitution, does that mean he is afforded more rights than our own school children?
As I said in the show, anyone who is a parent or who cares about our children should be outraged.