Court rules school officials acted properly in strip search

By Diane Saunders, Staff Writer
Published on Wednesday, September 26, 2007 5:13 PM MST

Safford Middle School officials did not violate the civil rights of a 13-year-old Safford girl when they forced her to disrobe and expose her breasts and pubic area four years ago while looking for a drug, according to the Ninth U.S. Circuit Court of Appeals ruling.

The justices voted 2-1 in favor of the Safford School District on Sept. 21. The decision upheld a federal district court's summary judgement that Safford Middle School Vice Principal Kerry Wilson, school nurse Peggy Schwallier and administrative assistant Helen Romero did not violate the girl's Fourth Amendment rights on Oct. 8, 2003, when they subjected her to a strip search in an effort to find Ibuprofen, an anti-inflammatory drug sold over the counter and in prescription strengths.

The Safford School District has since (in 2005) adopted a policy that states, "Disrobing of a student is overly instrusive for purposes of most student searches and is improper without express concurrence from school district counsel."

The girl's mother filed a federal law suit against the district and Middle School officials because they forced her daughter to strip down to her underwear then move her bra and panties in such a way that her breasts and pubic area were exposed. The mother also asserts that she was not notified of the impending search.

In the opinion written by Judge Richard Clifton, "Based on the information available to them, defendants (Safford School District, Wilson, Schwallier and Romero) had 'reasonable grounds' for suspecting that the search of (the girl's) person would turn up evidence that (the girl) had violated or was violating either the law or the rules of the school."

Clifton wrote that Wilson and the others had reasonable grounds for believing the girl had Ibuprofen based on conversations with two other students.

The other students said the girl possessed Ibuprofen and had distributed the drug to others, according to the court report.

Judge Richard R. Clifton, however, disagreed with Thomas and Judge Michael Daly Hawkins, and wrote the dissenting opinion.

"I disagree, however, with the assertion that the search of (the girl's) person was reasonable in scope," Clifton wrote. "It was unreasonable to force (the girl), a 13-year-old girl, to expose her breasts and public area to schools officials."

Safford School District Superintendent Mark Tregaskes said school officials do not see the Appellate Court's ruling as giving them the OK to strip search students when possession of over-the-counter drugs are suspected.

"That's never been the case either before or after this decision," Tregaskes said, adding that the term can be misleading.

He also said parents are usually notified, depending on the circumstances.

A school district policy, adopted in 2005, states, "School officials have the right to search and seize property, including school property temporarily assigned to students, when there is reason to believe that some material or matter detrimental to health, safety and welfare of the student(s) exists. Disrobing of a student is overly instrusive for purposes of most student searches and is improper without express concurrence from school district counsel."

School district policies also state that students cannot possess or take over-the-counter drugs without the written consent of their parents. Over-the-counter drugs must be brought to the school in its original container and be administered by a school official, the policy states.

Under certain circumstances, however, students may administer medications to themselves if they provide written permission from their parents.

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Comments

14 comment(s)

Genevieve wrote on Oct 22, 2009 7:59 PM:

" I visited this spot in 2001 and had a wonderful time, in the two weeks I was there I greatly enjoyed the spring, the people and hiking in the surrounding area. The time I spent here was the highlight of my winter adventure. I played dominoes, drank tequila and picked up pretty rocks (and soaked in the spring of course!) It sounds like some terrible things have happened since and it's a shame that it's now closed. I would have loved to have seen it again. "

Tricia Wenzl wrote on Sep 20, 2008 4:32 PM:

" Re: Eve Batchelder murder-2006. I personally knew Eve as did many of my other co-workers and we were appalled that her confessed murderer was allowed to plead to a lesser charge (obviously) to escape the death penalty. This was a pre-meditated murder and kidnapping, resulting in the death of a wonderful, gentle soul not to mention leaving her two children without their mother! Jason Martinez does not deserve to live at the expense of the taxpayers with the chance that he could be paroled! Society cannot afford to be "soft" for the fear of peer pressure. "

ciara wrote on Jul 17, 2008 9:06 PM:

" hi i would like to know what time the pool opens "

Warnar Moll Amsterdam The Netherlands wrote on Jul 14, 2008 11:20 AM:

" I agree with Rustom Kevala.
In literature there are many scientific indications that the preparation of the sacred liquid (Haoma),could not contain a Hallucinogen-Entheogen drug (cf publications of Harry Falk, Jan Houben, Frits Staal and the late Mary Boyce).
As a plant-physiologist and toxicologian, I did some study about the preparation of Parahom (as described in Avesta). From the scientic point of view it is impossible that the sacred drink is hallucinogen.
I do not understand the arguments of the Pima's Church of Cognizance.
It is as stupid as the assert: Jesus used Marihuana. "

tom wrote on Apr 19, 2008 3:15 PM:

" if having someone go through something like especially a child is not an invasion of privacy then nothing is but then thats the 9th circus for you "

F THE SYSTEM!!! wrote on Feb 14, 2008 9:15 AM:

" Who cares about ibuprofen anyways! its just a pill that peopel take for headaches and aches who cares about what the school system. If someone suffers from chronic headaches and stuff like that they should be allowed to carry it around. IT was a bad thing to distribute it around to others, but they should be able to keep it anyway. Its not like teachers are all that willing to let students out of the classroom just because of a headache!!! SMS should be sued. Strip searching a student like that should NOT BE ALLOWED!!!! "

LaVae McClellan wrote on Feb 5, 2008 1:51 PM:

" Eric and Kevin Yazzie are my brothers, they always will be. Yeah its true they had a history of fighting, but thats all u see. The Eric and Kevin i know are happy and fun loving, make everybody laugh. I miss kevin, but theres nothing we can do for him now. As for Eric they need to let my brother go already "

joe tapia wrote on Dec 9, 2007 8:05 PM:

" I have spent half of my life in this canyon along with my cusion juan luepke and I would like to know what threats to the public that our gate is causing. there is another way into the canyon then through our property. Just before you get to the cobra guest ranch on klondyke rd take the tully springs\old aravaipa town turn follow for about 4 miles there is a side road just after the second cattle guard the road turns east you have to open a few gates but there not locked. "

JOE TAPIA wrote on Dec 9, 2007 12:11 AM:

" THE ROAD THAT EVERY ONE HAS USED FOR THE LAST 20-30 YEARS, Is owned by my family. as I have been told to me by my father that the b.l.m and nature conseverency asked to use our road because their easement down by the river kept getting washed out by floods.So when norma put the gate up the b.l.m asked the conservency to redo the road by the river again conservency said no way. By,joe tapia "

Katelynn Nichols wrote on Dec 7, 2007 5:34 PM:

" Clifford Bea Fowler is My uncle ans my cousin Kelci's dad he may be a white supremeist but he still loves his daughter.But he should be held responsible for his actions. "

Stephen wrote on Nov 30, 2007 8:57 AM:

" My thoughts and prayer's go out to the late Bobby Bell's family. "

SMSmom wrote on Nov 9, 2007 12:11 PM:

" I will be notified if my child is in so much trouble that he may need to be stripped searched. "Depending on circumstances"--NO I WILL BE NOTIFIED!!! TRY ME!!! "

Keisha wrote on Oct 27, 2007 8:03 PM:

" I'm sure if these guys were a threat to society action would of been taken. I'm not condoning such behavior but Linda sounds like she's up to no good. "

linda wrote on Oct 26, 2007 11:59 AM:

" Is there any way to post the photos of these molesters "in" the schools so that the children and school staff may detect any possible molesters? After all they are the ones who would most likely see them. "

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