Arizona School's Search for Drugs
Becomes all Too Personal
Brendan Morse
News Editor
At what point
does a schools search for drugs become nothing short of absurd?
Here’s when: The U.S. Supreme
Court is currently reviewing the case Safford United School District
No. 1 v. Redding, in which 19 year old Savana Redding claims
that her constitutional rights were violated in 2003 when the
Arizona middle school forced her to undergo a strip search on
the suspicion that she possessed “prescription strength” ibuprofen.
So now, after a mere two year hiatus, the controversy of students
rights once again demands the full attention of the nation’s
highest court.
Across the country, any school with a conscience has realized
that cracking down on student drug use should be a forefront
priority. According to the U.S. Department of Justice, a 2005
study estimated that twenty five percent of students grades nine
to twelve admitted that “someone had offered, sold, or
given them an illegal drug on school property.”
But out of the ten drug categories the Department of Justice
lists as “illicit,” one would have to make a serious
stretch to fit in prescription Ibuprofen - especially considering
that one tablet is about as dangerous as two Advil.
So what caused the Arizona Safford Middle School to deem a strip
search necessary? What blatant evidence was there that convicted
Redding of possessing illegal Ibuprofen? This is what makes the
case stand out in such a troubling manner.
According to statements released by both sides, Vice Principal
Kerry Wilson investigated Redding after a fellow peer accused
Redding of giving her Ibuprofen pills. Redding had had no previous
record for misbehavior, while the accuser – along with
the ibuprofen - was found in possession of a cigarette and numerous
small knives. Despite this, Redding’s backpack was immediately
searched. When the the school found nothing, she was escorted
down to the school nurse’s office and forced to strip down
to her underwear while the nurse and two other female assistants
inspected her for signs of possession.
In the end the school was unable to confiscate any pills, or
come across any piece of evidence that would imply that Redding
had done anything wrong.
In this day and age, where frivolous lawsuits have become engrained
in our culture, administrators are undoubtedly going to do whatever
it takes ensure that illegal drug trafficking be put to a complete
stop - especially among the twelve and thirteen year old demographic.
In what frame of mind should the “he-said, she-said” quarrelling
apparent in every middle school be taken as serious grounds for
any invasive student investigation, let alone a strip search?
Had this been Redding’s fifteenth drug bust in the last
two months, one might have arguable grounds for declaring search
justified. But treating a student with no prior record in this
manner due to accusations by a fellow peer is not only unwarranted – but
utterly ridiculous.
The other question that needs to be asked is where were the
parents? It shouldn’t matter if Redding had stepped onto
the campus intoxicated with pills falling out of her pockets – the
reason ‘adolescent’ and ‘adult’ are two
different words is that the first implies some sort of parental
guardianship. How hard should it be for school administrators
to pick up the phone and state; “Your daughter has been
suspected of possessing prescription drugs, which is against
school policy. Do we have your permission to (insert unconstitutional
act here)?” As simple a task as this may seem, the Safford
Middle School’s administrators are apparently far too incompetent
to do so.
Going beyond the school, the Supreme Court itself should take
some of the blame for Redding’s accusation. Over the last
fifty years, the Court has been increasingly aggressive in limiting
the rights of the student, while at the same time giving legal
leeway for schools to conduct investigations without substantial
evidence. The last major ruling came in 1985, when the court
decided that public schools’ were allowed to search a student’s
backpack or purse without reasonable cause.
In setting precedents such as the 1985 ruling, the court should
realize that they have blown the door wide open for schools across
the country to encroach on student rights without having to worry
about the legal ramifications. Unless the court decides to make
a stand, student’s rights cases will unavoidably continue
to remain an active part of Supreme Court judicial rule for the
foreseeable future. As for Safford United School District No.
1 v. Redding, the Supreme Court is expected to reach a resolution
in the upcoming months.
Maybe they’ll get it right this time.
|