Classical Spin

Rantings and ravings on politics, philosophy, and things that fall into the ether of 'none of the above'.

Thursday, June 25, 2009

Strip searches and Advil

The Supreme Court has ruled that the middle-school principal who strip-searched a student in his quest to hunt down contraband prescription drugs was (not entirely surprisingly) in the wrong.

The drugs in question were ibuprofen (technically prescription-strength) and naproxen, which are both available over-the-counter, will not under any circumstances get you high, and at worst may cause some minor stomach upset*. The strip-search in question was rightfully characterized as an unnecessary overreaction, as well as frightening and humiliating for the student.

The only thing I don't like about this decision is that the court opinion upholds that deeply irritating idea that a search of a student and/or his belongings can still be reasonable under the 4th Amendment without having probable cause. I personally think that the perpetual double standard against school children makes no sense at all: we require that they be in school and provide public schools to fill that need, and either a student is protected by the Constitution or not. The latter, obviously, would have some problems, so instead of providing full Constitutional protections there's this weird half-assed gray territory where a search needs to be reasonable but doesn't need probable cause**, and students are free to protest so long as it doesn't disrupt anything, and so on. It just strikes me as jarringly odd.

*Granted, there is an extremely slim possibility that someone could have an allergic reaction, I suppose.
**It's my opinion that if there isn't probably cause a search is by definition unreasonable.

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