posted on Jan, 12 2006 @ 02:01 PM
It would appear that this will all be determined to be right or wrong once the laws of Texas on the subject are looked at.
From what I can find and I have found several, in some areas it is legal and in others it is not.
Strip-Searching Schoolchildren Okay, Court Rules
Now on the other hand in Wisconsin it is prohibited by law
School districts’ right to conduct searches in public schools
It is important to note that Wisconsin Statute § 948.50 makes it a crime (Class B Misdemeanor) for public, parochial and private school employees to
conduct a strip search of any student.
No need to link to the others since just one example for each way is all that is needed to prove the point.
So that leaves the final question? What does texas law permit?
The Sixth Circuit cases involving student strip searches also do not clearly establish the unconstitutionality of the searches in the instant case.
Indeed, in Williams, 936 F.2d 881, and Tarter v. Raybuck, 742 F.2d 977 (6th Cir. 1984), strip searches of students were found to be reasonable.
Although the officials in each of those cases possessed individualized suspicion as to the particular student searched, the cases do not clearly state
that such individualized suspicion is absolutely necessary to justify such a search. And while one district court case from this circuit, Cales v.
Howell Public Schools, 635 F. Supp. 454(E.D. Mich. 1985), found a strip search of a student not to be reasonable, the holding of the district court
was that, although the school officials did have reasonable suspicion to suspect the particular student of violating some school rule, it did not have
reason to suspect that the student was violating the rule against drug usage, the actual object of the search. While the principle of Cales could be
argued to be analogous to a group search, the analogy is not so obvious as to establish clearly the unreasonableness of the group searches in this
case. The Sixth Circuit cases thus simply do not "truly compel" the conclusion that the searches in this case were not reasonable.
in the above they ruled one case it was allowable in another it was not and declared unconstitutional. So you are back too square one
It would appear there is no truly defined law at this time, so they may or may not win depending on the court. I would venture to guess since in this
case it is only over ten dollars they will lean towards it being an illegal search since the sum is so little.
One also has to remember we are dealing with Texas here and in Texas a husband could at one time legally kill his wife if he caught her in bed with
another man and get away with it
Edited to correct an error on my part I was not aware the law had been changed, but I will add this in further comment contrary to Zip all their laws
are not modern.
Stupid texas laws
Now back to topic
[edit on 1/12/2006 by shots]