Safford v. Redding (2009) – FYS 100 – 34: The Rights of the Criminally Accused

https://www.youtube.com/watch?v=nsqT-MOcTDs

On October 8, 2003, 13 year-old Savana Redding was called to the principal’s office at Safford Middle School (Arizona). The administration suspected Redding of possessing prescription strength ibuprofen as well as another prescription strength anti inflammatory. When the administration and school nurse were unsuccessful in finding any pills in Redding’s locker or personal belongings, they proceeded to perform a strip search wherein her breasts and pelvic area would be reasonably visible to the school nurse and assistant principal. Savana Redding’s mother filed a lawsuit against the school wherein she “requested monetary damages from the defendants for conducting a strip search of her daughter in violation of the Fourth Amendment.” After the federal district court found no constitutional violation, the Ninth Circuit Court of Appeals reversed and the Supreme Court “considered the reasonableness of the search” and addressed the liability of school officials in such cases.

In my opinion, the ruling of this case is clear and evident. Redding’s reasonable expectation of privacy was breached when the school officials conducted a strip search of her, especially after having found no evidence after searching her other belongings to suggest that she would be concealing the pills in her undergarments. Justice Thomas, in his partial concurring/partial dissenting opinion, argues that simply because school officials were unsuccessful in discovering pills in their initial searches of her belongings does not mean that there was not reason to suspect that she would be concealing pills beneath her undergarments. Justice Thomas continues to suggest that the Court is in no position to second guess the practices of the school officials in regards to maintaining order and quiet in a school environment. While I am not a Supreme Court Justice, I have spent over 10 years in the public school system and can honestly say that there are certain officials and certain practices that are not successful in maintaining order in the school environment. While I am sure that the school system appreciates Justice Thomas’ sentiments, I believe that it is the job of the legal/justice system to make sure that the practices of various institutions are not in violation of the constitution as I believe the Redding case was.

While I understand and appreciate that the school officials were interested in pursuing a safe learning environment for all students, I believe that their practices were excessive and unconstitutional in this case.

Giulia Frias says:

October 18, 2016 at 4:48 pm

After reading Safford v. Redding, I was in disbelief. While I understand the school’s reasons for searching Savana’s backpack and outer clothing, I struggle to comprehend their rationale behind forcing an eight grader to expose her breasts and pelvic area on the basis that she might be hiding drugs in her undergarments. During his interrogation with Marissa, Wilson did not gain any information that led him to believe Savana currently possessed pills or that she was hiding them in her underwear. For this reason, it is clear that the “…content of suspicion failed to match the degree of intrusion” (Safford v. Redding, 470). I cannot fathom the humiliation Savana must have felt as a result of this blatant Fourth Amendment violation.

Emily Parker says:

October 19, 2016 at 4:32 pm

I totally agree with your statements, I don’t understand how an institution that is supposed to protect those in it’s care can get away with such egregious behavior. The search was such a total violation of Savana’s rights it is almost hard to imagine administrators talking the idea over and thinking that it was a good course of action. I understand the reasoning of Justice Thomas in his opinion but at the same time I feel it is always part of the court’s job to ensure the safety of the students in the public education system, thus making it important that there is at least light policing for the actions of the school officials. Also the presumption that she was hiding the pills in her underwear strikes me as absolutely ridiculous.

Kevin Kennedy says:

October 19, 2016 at 4:49 pm

Livy, I agree with you that Redding’s reasonable expectation of privacy was violated during the search. Particularly, I find the point that you made about the measures taken by public schools to protect school safety being sometimes extreme and unnecessary to be very true. Like you, I have spent over ten years in public schools and I have never seen an instance like this, though I can imagine it happening. I think it is quite realistic to assume that certain school administrators would find this strip search method completely valid. Yet, the vast majority of people who are familiar with the case seem to think that this search was well beyond reasonable. Justice Thomas argues that there was a “reasonable suspicion” that Redding might have been hiding drugs on her. While I agree that this might have been enough for reasonable suspicion, I feel that this should be enough to get a warrant, not give administrators the authority to search as they feel necessary. This way there is an additional “check” on the system that can help prevent the kind of abuse of power that could too easily occur in this type of case.