tag:blogger.com,1999:blog-7911788560018241640.post5658390867963690820..comments2023-10-21T11:37:50.732-04:00Comments on The Blackbook Legal Blog: Court to Hear School Stripping Case TodayUnknownnoreply@blogger.comBlogger5125tag:blogger.com,1999:blog-7911788560018241640.post-60525503374547741842009-04-21T14:38:00.000-04:002009-04-21T14:38:00.000-04:002:20's question is an interesting one. While I kn...2:20's question is an interesting one. While I know the Saucier v. Katz court held that Fourth Amendment reasonableness is distinct from the qualified immunity question of whether the mistake as to the law is reasonable, I think this kind of case makes the distinction kind of irrelevant because the facts are so egregious. But Prof Kerr does have a point that the test is very factually intensive.Stevennoreply@blogger.comtag:blogger.com,1999:blog-7911788560018241640.post-80089877059831245282009-04-21T14:20:00.000-04:002009-04-21T14:20:00.000-04:00But what about qualified immunity? Will that preve...But what about qualified immunity? Will that prevent recovery?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7911788560018241640.post-75544737666515926342009-04-21T13:44:00.000-04:002009-04-21T13:44:00.000-04:00@12:08;
I think the answer as to whether schools ...@12:08;<br /><br />I think the answer as to whether schools are permitted to strip search is an unequivocal yes. But, the question here is not whether strip searches may be necessary in some cases, but rather, the amount of suspicion that is required prior to conducting such an intrusive search. <br /><br />If a school was subjecting you, or a child of yours, to a strip search, wouldn't you expect them to have a damn good reason? Perhaps probable cause?<br /><br />This isn't ignoring reality. This is understanding that there are rights to privacy that must balanced against the reality that student's do, in fact, engage in crime.Joshua Bordenhttps://www.blogger.com/profile/04909742408710829739noreply@blogger.comtag:blogger.com,1999:blog-7911788560018241640.post-8979240209183143042009-04-21T13:24:00.000-04:002009-04-21T13:24:00.000-04:00True, 12:08 but there are a lot of real threats ou...True, 12:08 but there are a lot of real threats out there and we can't just throw our rights away.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7911788560018241640.post-12073083549132740212009-04-21T12:08:00.000-04:002009-04-21T12:08:00.000-04:00Its a sad reality, but school children are increas...Its a sad reality, but school children are increasingly engaing in criminal activity. Strip searches sound extreme, but are in some cases the only way. How could the court ignore that reality?Anonymousnoreply@blogger.com