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Great Supreme Court Decision!!!


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The Supreme Court today ruled 8-1 that a search of a 13 yo girl in Arizona including checking her underpants for ibuprofen was an unconstitutional search. I am so happy that finally the schools have been limited un the crazy searches. My kids don't go to school but my middle is going to a program this summer held at a school building. SHe won't be carrying medicines but I am glad they won't be able to search her without getting others involved.

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An equally outrageous school policy was to deny children permission to carry their inhaler! Our school tried that with our daughter 12 years ago, saying they would keep the inhaler at the office. When I pointed out she was on the bus for close to an hour morning and afternoon, they relented at changed the policy.

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http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&navby=case&vol=000&invol=08-479 Read the dissent as well, you might be surprised , although I am not , at who disregards the Fourth Amendment . Jurisprudential wasteland .
I wish I could say I was surprised.
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I think this issue is one that typical liberal/conservative labels don't apply. That is because some people see the school in a law enforcement position and they then take a position on that. Then others see it as a constitutional search issue and think that whatever emergency exceptions apply to searchless warrants, non-prescription drug rumors just don't meet that criteria. The fact that someone could be injured by one is no different than someone could be injured by a pencil or a plastic bag. THe school should step in when they see a clear and present danger like someone throwing pencils or putting plastic bags over people's heads or handing out medications. The mere presence of a pencil, or a plastic bag is not a danger. And most certainly the rumour of one of those things or the equally legal ibuprofen isn't either. We aren't talking about things like alcohol or cigarettes which are illegal for kids under age.

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