"Once they got me into my underwear I thought they would let me put my clothes back on," she told CBS News correspondent Hattie Kauffman. [5] At Wilson's direction, Romero then took Redding to the office of Peggy Schwallier, the school nurse, where Romero and Schwallier asked Redding to remove her jacket, socks, and shoes. Redding, who developed bleeding ulcers, had refused to see the nurse — the woman who had searched her. In an 8-1 ruling, the justices said that Safford Middle School officials violated the Fourth Amendment ban on unreasonable searches with their treatment of Savana Redding. [41] One such question posed by Katz and Mazzone was "what actually constitutes a strip search", arguing that the Court failed to provide a clear definition and suggesting that "the definition of a strip search necessarily differs between a boy and a girl". When nothing was found, Redding was taken to a nurse's office where she was told by a female administrative assistant and the school nurse to take off her shirt and pants. But "the majority opinion offers little clarification of the applicable Fourth Amendment standard while unduly limiting the ability of school officials to protect students from the harmful effects of drugs and weapons on school campuses," said Matthew W. Wright, lawyer for the school district. Justice Samuel Alito, in the majority opinion, said a federal judge in Arizona must take another look at the program to see whether Nogales now is "providing equal opportunities" to English language learners. [46] However, Clarke stated that this is not necessarily inappropriate, arguing that school officials "should have a broader shield than other government actors because their principal role is not law enforcement but rather educating the youth", but adding that "courts should explicitly state that school officials are granted a higher protection from civil suit than other government officials", as this "could cause a slippery slope where other government officials asserting qualified immunity could be granted the additional protections of [school officials]". "It was an area of the law that clearly needed this sort of guidance.". Finally, Redding "was told to pull her bra out and to the side and shake it, and to pull out the elastic on her underpants, thus exposing her breasts and pelvic area to some degree". Be in the know. Justice Antonin Scalia, writing for the high court, said "the analysts' affidavits were testimonial statements, and the analysts were 'witnesses' for purposes of the Sixth Amendment". Safford Unified School District v. Redding, 557 U.S. 364 (2009), was a case in which the Supreme Court of the United States held that a strip search of a middle school student by school officials violated the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures. The vote in the case was 8–1 with respect to the holding that the search of Redding violated the Fourth Amendment and 7–2 with respect to the holding that the school officials were entitled to qualified immunity. [32], In a separate opinion, Justice Ginsburg further elaborated on why she thought qualified immunity was inappropriate in this case. Redding agreed to let Wilson and an administrative assistant named Helen Romero search her backpack, which did not reveal any pills. [48] According to Clarke, "It is now unclear how the new standard for school searches will affect qualified immunity. Nor will she be the last after today's decision, which announces the safest place to secrete contraband in school. She said they then told her to move her bra to the side and to stretch her underwear waistband, exposing her breasts and pelvic area. (1985), stating that the school lacked reasons to suspect either that the drugs presented a danger or that they were concealed in her underwear. [51], Matthew W. Wright, the lawyer that argued for the school district in the Supreme Court, "said that the decision 'offers little clarification' concerning when such searches are allowed and that it could have dangerous consequences". This material may not be published, broadcast, rewritten, or redistributed. "It's made such a big ruckus in the media that people are going to know, and people won't want this to happen in their schools," she said. A schoolmate had accused Redding, then a middle-school honor student, of giving her pills, and Wilson took Redding to his office to search her backpack. The search of Redding's backpack and outer clothes was permissible, the court said. Redding denied this accusation, and after a search of her belongings did not reveal any pills, school officials instructed her to remove her outer clothing and pull out her bra and underpants, which also did not reveal any pills. Seven justices agreed with Souter that the strip search violated Redding's Fourth Amendment rights, while six justices agreed with Souter that the individual school officials were entitled to qualified immunity because the search's unconstitutionality was not clearly established at the time of the violation. [50][52] Biskupic recalled that at the oral argument for the case, Justice Stephen Breyer had said he "had a hard time understanding the girl's claim that her rights had been violated"; in response, "Ginsburg retorted that school officials had directed Redding 'to shake (her) bra out, to shake, shake, stretch the top of (her) pants. [23] "In sum," wrote Souter, "what was missing from the suspected facts that pointed to Savana was any indication of danger to the students from the power of the drugs or their quantity, and any reason to suppose that Savana was carrying pills in her underwear. How they determine now whether the drug is dangerous, whether it's not dangerous -- that kind of clarity and that kind of guidance, the court did not give us. A 1985 Supreme Court decision that dealt with searching a student's purse had found that school officials need only reasonable suspicions, not probable cause. Several states ban strip searching students, including California, Washington, Iowa, New Jersey, Oklahoma, South Carolina and Wisconsin. [31] He disagreed that the "seemingly divergent views" among lower courts of appeals about T. L. O.’s application to strip searches justifies extending qualified immunity, stating that "the clarity of a well-established right should not depend on whether jurists have misread our precedents". Liptak commented that the case had "revealed a gender fault line at the court", referring to an article published in USA Today, where journalist Joan Biskupic described Ginsburg's "status as the court's lone woman was especially poignant" in the case of Redding. [15], Justice David Souter delivered the opinion of the Court, which affirmed the Ninth Circuit in part, reversed in part, and remanded. ©2020 FOX News Network, LLC. [42], After the decision was announced, Adam Liptak wrote an article published in The New York Times, in which he stated that the case "had attracted national attention and gave rise to an intense debate over how much leeway school officials should have in enforcing zero-tolerance policies for drugs and violence". [44] Jarrett commented that the Court's "failure to address in Redding the sex prong required under T. L. O. might leave the case open to potentially undesired interpretations in the future" and that this may "place school officials in a position to again receive immunity for such abuses of students' rights".

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