School Strip Searches

In this case, there was no justification for the school officials to believe that the student was hiding drugs in her bra or underwear. In another case, the Court identified three scenarios where a school official might have “suspected facts” to justify a strip search: (1) where there is evidence of a general practice of students hiding contraband in their underwear; (2) when other students suggest that a particular student is hiding contraband in his or her underwear or (3) when an earlier search of the student’s underwear resulted in the discovery of contraband. None of those circumstances were presented in this case. “As a result, the school officials lacked the necessary ‘justification in suspected facts’ required. Because the school officials were on notice of a constitutional violation, the district court erred by granting the defendant qualified immunity.