Monday, April 27, 2009

What do Naked Kids and School Have in Common?

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”.
That is the 4th Amendment to the Constitution of the United States of America. Read it, reread it, then memorize it.

So, what happens if you are strip searched in school (you are 13, the admins are doing it) because THEY THINK you have drugs? Read more to find out...

Well, logically, the 4th amendment steps up, says fuck you to the admins, and protects you. Oh, and you get a lot of money from the lawsuit. That is the way it would be in the perfect world, but we all know that Americans don't give a rats ass about their rights, and so the cops won't help. No, in the real world, you are searched and then you go to court for over 6 years.

Yes, now a 19 year old is still struggling to get closure after she was searched by her school's admins when they thought she had drugs.

So, there are three issues here, all of which are highly important:
1) 4th Amendment Rights
2) Um, she was 13
3) What precedent does this set?

1) 4th Amendment Rights
Now, let's look at the amendment properly. People have the right to be secure in themselves, and know that the state is not going to search and seize them without probable cause and a warrant. So, a cop searches a car without consent (or seeing something obvious) he violated your rights. If a cop busts down your door and there is nobody screaming with in, they violated your rights. If you feel that the fruit is from the poisonous tree, then the cops can not use it.

2) Um, she was 13
This kinda handles itself. I mean, seriously, how is it justifiable to strip a 13 year old down, check her body, and do all sorts of crazy shit with that. I mean, when we have teachers and students having sex, how the fuck is this ever justified? Even worse, I am assuming that no parent was notified (after all, what parent would allow this?) so the girl didn't even consent to this. Obviously this is wrong, and they should toss this out.

3) What precedent does this set?
Allowing a strip search of teens really sets some bad precedent. What next, a strip search because there is a rumor (in middle school those are as common as syphilis (for the record, more common then you though))? Even worse, what about a full body cavity search? I mean, come on, let's just let the principle stick her finger up the ass of the 13 year old, I mean, she might have a balloon of crack up there. Allowing this will only serve to fuck over the kids more, and we need to stop.

In short, there should not even be an issue here. Clearly the 4th amendment is being violated, there is no reason to even ponder this issue. Come on SCOTUS, rule for the Constitution.

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