A strip search of a student for drugs, even though it was conducted by her mother at the behest of school officials, was not supported by reasonable suspicion, the 2nd Circuit has ruled. The court said that the search of a Connecticut high school student was not "justified at its inception" under the Fourth Amendment and reinstated her civil rights action. The circuit found that the two-part test for "reasonableness" of a search under the U.S. Supreme Court case New Jersey v. T.L.O. had not been met.
May 24, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A strip search of a student for drugs, even though it was conducted by her mother at the behest of school officials, was not supported by reasonable suspicion, a federal appeals court has ruled.
The 2nd U.S. Circuit Court of Appeals ruled that the search of student Kelly Phaneuf at a high school in Plainville, Conn., was not “justified at its inception” under the Fourth Amendment and it reinstated the civil rights action of Phaneuf v. Fraikin, 04-4783-cv.
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