Can A School Strip Search Your Child To Find Drugs?

The United States Supreme Court granted a petition for a writ of certiorari in Redding v. Safford Unified School District. The case centers on a middle school student suspected of possessing ibuprofen. The suspicion arose when another student, found with drugs, pointed her finger at the plaintiff as the source of the drugs. The educators at the school sent the student to the nurse’s office where a strip search was performed.

Courts are generally very deferential to educators’ decisions, particularly in situations involving drugs. The United States Supreme Court, in New Jersey v. T.L.O. upheld the search of a female student’s purse in an attempt to find cigarettes. The Supreme Court focused on the school’s need to ensure discipline and a prosperous learning environment in upholding the search.

The United States Supreme Court likely granted the petition for certiorari to clarify a split of authority between various circuits. In this case, the Ninth Circuit Court of Appeals held that a strip search of a student accused of possessing an over the counter drug exceeded the bounds of the Fourth Amendment.

On the other hand, the Seventh Circuit has found strip searches to be permissible in some circumstances. Although the Seventh Circuit recognized that some situations may require the school to demonstrate probable cause, there are some situations where strip searches are permissible on the basis of reasonable suspicion.

If you are concerned that your child’s civil rights have been violated by school officials, you should contact an attorney.

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