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Written by David Greenberg
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Thursday, 25 June 2009 15:18 |
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I would hope the Court revisits its 1980 ruling which held a student's locker can be searched without a warrant but where the school can demonstrate reasonable grounds to do so.
If they uphold the "reasonable grounds" theory, I would expect the Court to hold that it was unreasonable to go so far as to subject a teenage girl to being stripped for the possibility of finding an over the counter drug, whether or not the school held a no-tolerance policy.
The Court previously held in 1969 that minor students do not shed their constitutionl rights at the schoolhouse gates and I personally believe that to be true. In this particular case, I doubt the school could demonstrate the girl was in imminent danger or that the school could not contact the parents to determine if she held Ibuprofen at the parents' direction and knowledge.
Our Constitution is predicated on a theory of granting rights. No Article or Ammendment contains any substance or text to remove rights from a class of citizens. In fact, to do so would represent a bill of attainder and that is specifically barred by the Consitution.
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