He asked Savana if she knew anything about the pills. The court still rejected equal protection claims based on the fact that such non-emergency cross-gender strip searches were allegedly only conducted on males and not on female detainees and prisoners. When the police or school administrators act at one another's request, they run the risk of becoming one another's agents. At least two class members were allegedly not headed towards the general population when searched, claiming that they were arrested, strip searched, and immediately released. Constitution guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
Why school strip searches for drugs are legally troubling
As stated by the Ninth Circuit, although the fact an arrestee is to be "placed into contact with the general jail population" is one important factor among many that may be considered in gauging the reasonableness of a search, such a factor by itself cannot justify a strip search. The police have some discretion in conducting the search. A ruling by a Toronto judge is highlighting problems caused when police officers strip search suspects without following protocols. County of Orange, F. A search that was illegal 20 years ago now may be a legal search.
CanLII Connects - Québec High School Criticized For Student Strip Search
One foot and then the other must be lifted up for examination. The court held that when the search of all other students in the class failed to reveal the stolen item, the administrator had reasonable, individualized suspicion to search DesRoches. However, they've also been shown to deliver false positives. The Officer must subjectively believe that person is committing or has committed an indictable offence and their belief is based on objectively reasonable grounds. Los Angeles Police Department, F.
Circuit Court of Appeals found the search was "an invasion of constitutional rights. The court noted that when Marissa was questioned about the pills she said that she got them from Savana [Redding]. Wood County , U. Naturally, the strength of the inference will depend on the length of the delay, and can be defeated by a reasonable explanation for the delay. Nor is such an intrusive search warranted solely on account of the nature of the charge in this case, as being under the influence of a drug does not necessarily indicate that the person has concealed more drugs in a body cavity.