法律英语：98 Are Strip Searches in School Legal?

By Adam Freedman

Today, a back-to-school special! We take a close look (as it were) at strip searches of students.
But first, your daily dose of legalese: This podcast does not create an attorney-client relationship with any listener. In other words, although I am a lawyer, I’m not your lawyer. In fact, we barely know each other. If you need personalized legal advice, contact an attorney in your community.

In an earlier episode, I discussed the circumstances under which school officials can search students for contraband¹. I’m revisiting the issue because the Supreme² Court recently issued a decision that gives students considerable protection against the most invasive type of search -- the strip search. In just a minute, I’ll discuss the implications of this ruling for students, parents, and schools.
What Rights Do Students Have?
What rights do students have against the prying³ eyes of school officials? It’s a controversial issue and I continue to get calls and emails about student searches. So let me start with a brief recap. The Supreme Court’s decision in Tinker v. Des Moines (1969) established that students do not abandon their constitutional rights “at the schoolhouse gate,” as Justice Abe Fortas memorably⁴ put it. One of those rights is the Fourth Amendment⁵’s guarantee against “unreasonable searches and seizures” conducted by representatives of the state.
What Does the Fourth Amendment Say?
Outside of schools, the Fourth Amendment generally means that the police must have “probable cause” to search a suspect. As Justice David Souter recently summarized, that means police may only conduct a search if there is “a fair possibility or a substantial chance” a search will turn up evidence of a crime.
Inside of schools, the Fourth Amendment has been interpreted differently. Ever since the Supreme Court’s 1985 decision in New Jersey⁶ v. T.L.O., school officials may search a student’s outer clothing -- such as jackets or backpacks -- even if there is only a moderate chance of finding any incriminating evidence.
What About Student Strip Searches?
But the constitutional status of strip searches has been in limbo⁷ all these years. In June, the Supreme Court shed light on the issue in the case of Safford v. Redding, a case involving 13-year old Savannah Redding. Redding, who was suspected of distributing prescription⁸ medicines around school, was ordered to strip down to her underwear while female school officials peeked⁹ under her bra and panties to see whether she had any pills stashed¹⁰ there. After that -- and I hope you’re sitting down for this --a lawsuit¹¹ followed.
The Supreme Court held that any search that requires a student to expose his or her private parts “to some degree” is “categorically distinct” under the Constitution. In other words, it requires greater justification¹² than a search of the outer clothing. Specifically, the Court said that a school may conduct this sort of panty-raid only if school officials have evidence that the item they suspect is concealed¹³ is actually dangerous in terms of power (say, a gun) or quantity (say, a bottle of pills), OR they must have some evidence indicating that the contraband item is hidden in that particular student’s underwear.
What the Safford v. Redding Ruling Means
Although the decision certainly enhances the constitutional rights of many students, a few caveats¹⁴ are in order. First, in announcing the decision, the Supreme Court reaffirmed its 1985 TLO decision -- that is, there is still a lower threshold to justify¹⁵ a search of a student’s outer clothing. Secondly¹⁶, the ruling applies only to public schools. Private and parochial schools are not covered by the Fourth Amendment because they are not part of the state. And finally, the Supremes’ ruling applies only to future searches. So if you have already been subjected to a strip search at school, this decision technically¹⁷ won’t make your case any stronger.
Personally, I think there are more legal challenges to come. Now that the Supreme Court has created a crucial distinction between outer clothing and underwear, it’s only a matter of time before schoolboys start putting their boxer¹⁸ shorts on over their trousers, and daring teachers to search them. When that case reaches the Supreme Court, you’ll hear all about it, right here.
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁹ Life. 

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1 contraband   

n.违禁品，走私品

参考例句：

• Most of the city markets were flooded with contraband goods.大多数的城市市场上都充斥着走私货。
• The customs officers rummaged the ship suspected to have contraband goods.海关人员仔细搜查了一艘有走私嫌疑的海轮。

2 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

3 prying   

adj.爱打听的v.打听，刺探（他人的私事）( pry的现在分词 )；撬开

参考例句：

• I'm sick of you prying into my personal life! 我讨厌你刺探我的私生活！
• She is always prying into other people's affairs. 她总是打听别人的私事。 来自《简明英汉词典》

4 memorably   

难忘的

参考例句：

• The book includes some memorably seedy characters and scabrous description. 这本书包含了一些难忘下流的角色及有伤风化的描述。 来自互联网
• Horowitz could play Chopin memorably. 霍洛维茨可以把肖邦的作品演奏得出神入化。 来自互联网

5 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

6 jersey   

n.运动衫

参考例句：

• He wears a cotton jersey when he plays football.他穿运动衫踢足球。
• They were dressed alike in blue jersey and knickers.他们穿着一致，都是蓝色的运动衫和灯笼短裤。

7 limbo   

n.地狱的边缘；监狱

参考例句：

• His life seemed stuck in limbo and he could not go forward and he could not go back.他的生活好像陷入了不知所措的境地，进退两难。
• I didn't know whether my family was alive or dead.I felt as if I was in limbo.我不知道家人是生是死，感觉自己茫然无措。

8 prescription   

n.处方，开药；指示，规定

参考例句：

• The physician made a prescription against sea- sickness for him.医生给他开了个治晕船的药方。
• The drug is available on prescription only.这种药只能凭处方购买。

9 peeked   

v.很快地看( peek的过去式和过去分词 )；偷看；窥视；微露出

参考例句：

• She peeked over the top of her menu. 她从菜单上往外偷看。 来自《简明英汉词典》
• On two occasions she had peeked at him through a crack in the wall. 她曾两次透过墙缝窥视他。 来自辞典例句

10 stashed   

v.贮藏( stash的过去式和过去分词 )；隐藏；藏匿；藏起

参考例句：

• She has a fortune stashed away in various bank accounts. 她有一大笔钱存在几个不同的银行账户下。
• She has a fortune stashed away in various bank accounts. 她在不同的银行账户上秘密储存了一大笔钱。 来自《简明英汉词典》

11 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

12 justification   

n.正当的理由；辩解的理由

参考例句：

• There's no justification for dividing the company into smaller units. 没有理由把公司划分成小单位。
• In the young there is a justification for this feeling. 在年轻人中有这种感觉是有理由的。

13 concealed   

a.隐藏的，隐蔽的

参考例句：

• The paintings were concealed beneath a thick layer of plaster. 那些画被隐藏在厚厚的灰泥层下面。
• I think he had a gun concealed about his person. 我认为他当时身上藏有一支枪。

14 caveats   

警告

参考例句：

• I would offer a caveat for those who want to join me in the dual calling. 为防止发生误解，我想对那些想要步我后尘的人提出警告。 来自辞典例句
• As I have written before, that's quite a caveat. 正如我以前所写，那确实是个警告。 来自互联网

15 justify   

vt.证明…正当(或有理)，为…辩护

参考例句：

• He tried to justify his absence with lame excuses.他想用站不住脚的借口为自己的缺席辩解。
• Can you justify your rude behavior to me?你能向我证明你的粗野行为是有道理的吗？

16 secondly   

adv.第二，其次

参考例句：

• Secondly,use your own head and present your point of view.第二，动脑筋提出自己的见解。
• Secondly it is necessary to define the applied load.其次，需要确定所作用的载荷。

17 technically   

adv.专门地，技术上地

参考例句：

• Technically it is the most advanced equipment ever.从技术上说，这是最先进的设备。
• The tomato is technically a fruit,although it is eaten as a vegetable.严格地说，西红柿是一种水果，尽管它是当作蔬菜吃的。

18 boxer   

n.制箱者，拳击手

参考例句：

• The boxer gave his opponent a punch on the nose.这个拳击手朝他对手的鼻子上猛击一拳。
• He moved lightly on his toes like a boxer.他像拳击手一样踮着脚轻盈移动。

19 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。