April 21, 2009

Searches – Strip or Otherwise

Filed under: Political Rants — admin @ 11:18 pm

or Everything You Ever Wanted to Know About My Opinion on Matters Pertaining to the Fourth Amendment to the Constitution

Well, it’s all over the news that the supreme court is hearing (going to hear?) a case regarding a 13 yr old girl strip searched in her school over “prescription strength ibuprofen”.

In my never to be humble opinion, this case should never have made it to the supreme court. Not, however, because it is without merit, but because it shouldn’t have become a federal case. There is NO WAY IN HELL that this lawsuit should have been granted an appeal, and it illustrates quite clearly what is happening to our society. You can get ANY legislation passed, and get a majority consensus to amend social policy and restrict our freedoms as long as you do it “for the children.” Don’t believe me? Just look at what’s happening in London and New York City regarding their “feel-good” regulations to help stem childhood obesity.

Searches of ANY KIND, by any government official, are a violation of one’s fourth amendment right to be secure in one’s person.

A little background may be in order. This is the text of the fourth amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

* This doesn’t say “with the exception of children, while in school, because the school officials are idiots and blindly follow policy, and think that they have the ultimate control over the students.”
*This doesn’t say “unless there is a ‘war on drugs’ going on”
*This doesn’t say “unless a school has a ‘zero tolerance policy’ about drugs”
*This DOES say that we DO NOT have to submit to a search of our person if the requesting authority has not, or will not, or can not produce a valid search warrant. A search warrant backed by probable cause. Little orphan Annie saying “Jill has some pills” to a school administrator or teacher is NOT probable cause. Annie might be upset because Jill wouldn’t share the pills. Annie might be upset because she thinks Jill stole the pills from her. Annie might be upset because she’s an attention whore. Or, Annie might not be upset at all, but is jealous because Jill gets better grades than she does, or Jill stole Annie’s boyfriend for whatever reason.

Annie is NOT probable cause, and Annie is NOT a search warrant.

Additionally, if a child …(key word … CHILD …) is suspected of having some form of drug, be it aspirin, tylenol, motrin, or phenobarbitol, it is NOT within the school administrations authority to search that child. That is what parents are for. The school upon learning of the suspect possession, should have called Jill’s parents, and told them what they suspected was going on, and request that the parent(s) come to the school to deal with the matter. Their failure to do so was extremely negligent. Their efforts to act as law enforcement officers and conduct an illegal strip search, WITH OR WITHOUT the parents’ consent AUTOMATICALLY opened the school up to a HUMONGOUS lawsuit. If the parent(s) consented to the strip search, they should also be named as defendants in this lawsuit.

All of that notwithstanding, the supreme court should not have heard this case because it deals with a civil matter pursuant to the fourth amendment, and their dealings with this particular amendment should be, and are, criminal in nature. There is nothing indicating that there was ANY CRIMINAL ACTIVITY OCCURRING, merely a violation of the school’s idiotic zero tolerance policy. That is why law enforcement was not involved, and is why this case shouldn’t have made it to the supreme court.

Here’s what should have happened:

Annie tells teach that Jill has a pill. Teach tells the principal. Principal calls mommy/daddy dearest and tells them Jill’s a poppin. Mommy/daddy dearest tells principal to go suck an egg, she sprained her knee at karate last night and has that motrin for when the pain gets too bad. Mommy/daddy dearest additionally tells the principal to tell teach to tell Annie to get a life. Any other scenario IS CRIMINAL.

Given that the school decided to play SVU with Jill (aka Alice, as in “Go Ask Alice), and strip search her, all involved staff should have been IMMEDIATELY canned, and the school should pay for Alice’s shrink bill for the next 40 years, and any and all divorce attorneys she may retain because she is emotionally scarred for life for having to bare all for Mr. Cooper and Nurse Ratchet.

Don’t even get me started on drug testing, locker searches, fast food restaurants, or airports …

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