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Title: Parent Ordered to Strip Search High School Age Daughter Reasonable
Author: Jack Ryan
ID: LL107
Issue: SU1-5
Issue Date: 2004-09-01
Edition: School
Type: Article

Body: A recent case from the United States District Court, District of Connecticut provides a view of how a strip search of a high school student will be reviewed.

Phaneuf v. Cipriano, 330 F.Supp. 2d 74 (Dist. Conn. 2004) involved the search of a female high school student. Teachers at Plainville High School were preparing for an end of the year picnic for seniors. As part of this preparation, studentsí bags were searched before they were allowed on buses that would transport them. A student reported that Phaneuf, had marijuana on her person prior to the search and further reported that Phaneuf told others that she was going to put the marijuana in her pants during the bag search.

Upon learning this information, the principal, Mrs. Cipriano removed Phaneuf from the bus and took her to the nurseís office. Cipriano ordered the school nurse to conduct a strip search of Phaneuf. The school nurse, Ms. Fraikin expressed concern over conducting the search which led to Phaneufís mom being called to the school. Upon her arrival Mrs. Lisa Phaneuf was told of the information and told to strip search her daughter. Ms. Fraikin stood by and allegedly watched as Phaneuf was strip-searched by her mother. No marijuana was recovered. Phaneuf subsequently filed a lawsuit against Ms. Fraikin, the nurse and the school principal, Mrs. Cipriano.

At the outset the court noted that the strip search of a student by ìpublic school administratorís is subject to higher scrutiny than a search of studentís possessions.î In analyzing the facts supporting the reasonableness of the search, the court noted that the principal subjectively believed Phaneuf was lying when she was confronted; Phaneufís past disciplinary record; the discovery of a lighter and cigarettes [violation of school rules] upon the inspection of her belongings; and, the information provided by the other student. The court found, based on this information, that the search was justified at its inception.

The court then examined whether the scope of the search was reasonably related to the purpose that justified the search in the first place. The court noted that the search was conducted by the studentís own mother in the presence of a school nurse of the same sex as the student. ìAs the [studentís] mother, Lisa Phaneuf was the person from whom the [student] had the least reason to be embarrassed.î The court also took into account the government concern over drugs among students generally as well as the specific concern over high school students who would be attending the class picnic.

The court asserted: ìThe senior students at Plainville High School, including Kelly Phaneuf, were to attend an off-campus picnic on the day of the search. The school would have less control over the students and the students would be more vulnerable to the negative influence of drugs while off campus. Considering the harm that could come to students from drug use while off campus but under the schoolís guardianship, the defendants were justified to thoroughly investigate their suspicions.

The court concluded that the search in this case was reasonable and therefore not a violation of Phaneufíís Fourth Amendment rights.



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