Safford Unified School District v. Redding

Safford Unified School District v. Redding

Alice Bai - 3rd Period - 9/21/2015

Timeline + Impact

Incident occurrence: October 2003

District court: 2004

Ninth Circuit Court of Appeals: 2008

Supreme Court Decision: 2009

from The New Agenda

Nothing about Fourth Amendment since 1985

1985 decision created reasonable suspicion instead of probable cause for schools. privacy interest vs. keeping order at school

Limits on reasonable suspicion (gave students some constitutional rights)

Who?

Decision

Discussion

Savana Redding - 8th grade girl, honors student

Marissa Glines - Friend of Savana's, possesed razor blade, prescription pills, and over the counter drugs

Jordan Romero (not related to Helen Romero) - reported incidents involving Savana and Marissa

Kerry Wilson - Assistant Principal

Helen Romero - Administrative assistant

Peggy Schwallier - School nurse

1. Why do you think there is qualified immunity in place for government officials?

2. Do you think there was reasonable suspicion for Savana to be searched? (Under what circumstances do you think there would be reasonable suspicion for a strip search?)

3. What rights do you think students give up as students, and what rights do you think they should keep regardless of that status? (think expression/appearance, protest, clubs, etc. as well)

1. Redding was violated.

Reasonable suspiscion: Moderate chance to find evidence

Only strip search was excessive.

- Common painkillers

- Marissa not questioned extensively enough

- No one suggested Savana was hiding them

(reasonable suspicion vs. probable cause = reasonable police officer vs. reasonable person)

2. Qualified immunity for Wilson, Romero, and Schwallier

- Clearly established law

Reports that Savana and Marissa were part of a "rowdy group" at a school dance. Alcohol and cigarettes found in girl's bathroom. Before dance, party occurred where alcohol was served.

Jordan turned in pill he said Marissa has given him.

Officials found day planner in Marissa's posession containing knives, lighters, and a cigarette. Marissa says she received pills found on her from Savana.

Wilson calls in Redding, questions her. Savana agrees to allow him to search her belongings.

Taken to Schwallier and Romero, who search her shoes/socks/jacket, then have her remove her t-shirt and pants, then have her "empty" her bra and underwear.

Her mom sued in her name for violation of her Fourth Amendment rights.

Arguments

Bibliography

Redding argued that her Fourth Amendment rights were violated.

Safford Unified argued search was reasonable (preventing overdose and drug abuse), qualified immunity.

Alaniz, Monica Jean. Savana Redding in 2003 and 2009. Digital image. The New Agenda. The New Agenda, 6 July 2009. Web. 7 Sept. 2015.

Hirby, James. "Definitions Of Probable Cause Vs. Reasonable Suspicion." The Law Dictionary. Black's Law Dictionary Free and The Law Dictionary, n.d. Web. 07 Sept. 2015.

LoMonte, Frank D. "Safford v. Redding Analysis: High Court Surprises With Some Support For Students’ Constitutional Rights." American Constitution Society for Law and Policy. American Constitution Society for Law and Policy, 25 June 2009. Web. 07 Sept. 2015.

"Qualified Immunity Law & Legal Definition." US Legal Definitions. US Legal, 2015. Web. 06 Sept. 2015.

Safford Unified School District #1, Et Al., Petitioners v. April Redding. United States Court of Appeals for the Ninth Circuit. 11 July 2008. Supreme Court of the United States. Supreme Court of the United States, 1 Sept. 2015. Web. 6 Sept. 2015.

SAFFORD UNIFIED SCHOOL DISTRICT #1 Et Al. v. REDDING. SUPREME COURT OF THE UNITED STATES. 25 June 2009. Legal Information Institute. Cornell University Law School, n.d. Web. 6 Sept. 2015.

SAFFORD UNIFIED SCHOOL DISTRICT #1 ET AL. v. REDDING. Supreme Court of the United States. 25 June 2009. Print.

Savanna Redding v. Safford Unified School District #1. UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. 29 Feb. 2008. Print.

SAVANNA REDDING VS SAFFORD UNI. Graham County Superior Court. 21 Apr. 2004. Arizona Judicial Branch. Arizona Supreme Court, 2015. Web. 6 Sept. 2015.