{"id":3053,"date":"2009-04-11T12:12:01","date_gmt":"2009-04-11T12:16:26","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-04-11T10:24:33","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3053","title":{"rendered":"Safford strip search argument April 21st"},"content":{"rendered":"

In what the commentators (and list serv traffic) already see as a major test of school search law, the Supreme Court hears argument April 21st in Safford United School District #1 v. Redding, and news articles are appearing in advance. There is today’s Washington Post: Strip-Search Case Could Redefine Student Privacy<\/a>. The NYTimes had an article March 23d<\/a> already mentioned here<\/a>.<\/p>\n

The cert grant is posted here<\/a>, Ninth Circuit’s en banc decision posted here<\/a>. See also commentary posted on SCOTUSWiki<\/a> and the American Constitution Society Blog<\/a> (scroll down to “The Fourth Amendment and Strip Searches in the Public Schools” posted April 7th). In their post:<\/p>\n

In short, the Ninth Circuit was correct to hold the search unconstitutional. However, the Ninth Circuit, like the Second and Seventh Circuits, wrongly interprets T.L.O. as establishing a sliding scale governing what level of suspicion is necessary to justify the search of a student. T.L.O. does not do this: it holds that reasonable suspicion is the proper standard. As the Solicitor General argued in an amicus brief, a sliding scale standard is too indeterminate. It could require probable cause for some searches and no cause of all for others, based on an ad hoc balancing test that would provide little advance guidance to officials. Ideally, the Supreme Court will reject the sliding scale, reaffirm the reasonable suspicion standard, and determine that under that standard, this search violated the Fourth Amendment.<\/p><\/blockquote>\n

I was going to post something on this on April 20th, but the flurry of stuff now can’t wait.<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3053","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3053","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3053"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3053\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3053"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3053"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3053"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}