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Criminal Law

: Fourth Amendment

SCOTUS: Safford school search violated Fourth Amendment, but qualified immunity applied

By John Wesley Hall, Jr.

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Search of a school students underwear for over-the-counter painkiller was unreasonable because it lacked reasonable suspicion under T.L.O. Safford Unified School District #1 v. Redding, 08-479 (June 25, 2009). ScotusWiki here. The Syllabus: After escorting 13-year-old Savana Redding from her middle school classroom to his office, Assistant Principal Wilson showed her a day planner containing knives and other contraband. She admitted owning the planner, but said that she had lent it to her friend Marissa and that the contraband was not hers. He then produced four prescription-strength, and one over-the-counter, pain relief pills, all of which are banned under school rules without advance permission. She denied knowledge of them, but Wilson said that he had a report that she was giving pills to fellow students...continue to full post

Full post as published by Fourth Amendment on June 25, 2009 (boomark / email).

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