Constitution Fourth Amendment Student Privacy
Supreme Court: Strip-Search of Teenager Violated Constitutional Rights
The Supreme Court delivered a 8-1 opinion ruling that a strip-search of a thirteen-year-old girl by school officials looking for an ibuprofen tablet violated the Fourth Amendment. Justice Souter writing for the Court held that the search was unreasonable and that school searches are permissible when they are "not excessively intrusive in light of the age and sex of the student and the nature of the infraction." But a majority of the Justices also said that the school officials were not liable for damages because it had not been "clearly established" that the search was unlawful. Justices Stevens and Ginsburg disagreed and said that a previous Supreme Court case made clear that the search was "excessively intrusive." Justice Thomas wrote in dissent that the search was permissible. See also EPIC's page on Student Privacy.