The U.S. Supreme Court Raises the Bar for Strip Searches in Public Schools

Abstract

Strip searches should be considered searches of last resort based on the intrusive nature of the search and the resulting impact it may have on a student. It is well established by the courts that as the intrusiveness of the search intensifies, the standard of the Fourth Amendment reasonably approaches probable cause which is a higher standard than the reasonable suspicion standard that applies to non-intrusive searches. This article discusses a recent case involving a strip search in which the U.S. Supreme Court applied a more stringent standard that school officials must meet to justify initiating a strip search. The importance of the High Court's decision is that it resulted in a national standard by which actions of school officials will be judged in conducting intrusive searches during their investigation of alleged violations of school policies.