A search for over-the-counter drugs in a student’s undergarments was ruled unconstitutional by the Supreme Court in an 8-1 decision in Safford Unified School District No. 1 v Redding. The Court stated that after searching the student’s book bag and pockets and finding nothing there was no reasonable suspicion that the drugs would be found in the student’s underwear making the search unconstitutional. The Court held that the search was excessively intrusive in light of the age (the child was 11) and sex of the student and the nature of the infraction. The case was sent back to the appellate court to decide if the school district could be liable for the violation.
July 2009
