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Opinion | Sexuality

Supreme Court Rules Girl's Strip Search Unconstitutional

Lone female justice Ruth Bader Ginsburg spoke up for the 13-year-old who had to undress before school officials in 2003.

In a case that Her.meneutics covered this April, the U.S. Supreme Court ruled late last week that Arizona middle school officials violated the Constitution when they strip-searched a 13-year-old girl suspected of having over-the-counter pain medication.

Savana Redding's parents sued Safford Middle School in 2003 after an administrative assistant and nurse, both women, had Redding remove her undergarments and expose her breasts and pelvic area to see if she was hiding Ibuprofen, which she was not.

Writing for the 8-1 court majority, David M. Souter concluded last Thursday that while the assistants' prior search of Redding's bookbag and outer garments upheld the Fourth Amendment's standard of probable cause, their strip search of Redding did not, thus violating the Constitution's protection against unreasonable searches. Souter, who retired from the Court yesterday, wrote,

Savana's subjective expectation of privacy against such a search is inherent in her account of it as embarrassing, frightening, and humiliating. The reasonableness of her expectation (required by the Fourth Amendment standard) is indicated by the consistent experiences of other young people similarly searched, whose adolescent vulnerability intensifies the patent intrusiveness of the exposure ….
Changing for gym is getting ready for play; exposing for a search is responding to an accusation reserved for suspected wrongdoers and fairly understood as so degrading that a number of communities have decided that ...
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