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Press Releases
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Federal Court Rules Strip Search Of 13-Year-Old Student For Ibuprofen Unconstitutional (07/11/2008) SAN FRANCISCO – The American Civil Liberties Union applauded a federal appellate court ruling today that school officials violated the constitutional rights of a 13-year-old Arizona girl when they strip searched her based on a classmate’s uncorroborated accusation that she possessed ibuprofen. Today’s 6-5 ruling from an en banc panel of the U.S. Court of Appeals for the Ninth Circuit reverses an earlier decision by a divided three-judge panel of the same court. Eight of the eleven judges on the en banc court held that the strip search violated Savana’s constitutional rights, and a six-judge majority further held that the school official who ordered the search is not entitled to immunity as a result of his actions.
Federal Court Hears Case Today of 13-Year-Old Student Strip Searched for Ibuprofen (03/26/2008) SAN FRANCISCO - A federal appellate court today heard oral arguments over the constitutionality of a strip search performed on a 13-year-old Arizona girl by school officials looking for ibuprofen. A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled the search constitutional on September 21, 2007, greatly expanding the circumstances under which schools may strip search students. That decision will now be reviewed by the full Ninth Circuit. The American Civil Liberties Union is co-counsel in the case.
ACLU Challenges Unlawful Strip Search Over Ibuprofen Allegation In School (03/03/2008) SAN FRANCISCO - In legal papers delivered today, the American Civil Liberties Union joined an ongoing case to represent a 13-year-old girl unconstitutionally strip searched by school officials after a classmate’s uncorroborated accusation of ibuprofen possession. A divided three-judge panel of the U.S. Ninth Circuit Court of Appeals ruled the search constitutional on September 21, 2007. The panel’s 2-1 decision, which greatly expands the circumstances under which schools may strip search students, will now be reviewed by the full Ninth Circuit.
Hawaii Governor Refuses to Retract Teacher Drug Testing Policy (11/15/2007) HONOLULU – The American Civil Liberties Union condemned Governor Lingle’s refusal to retract a policy that will subject as many as 13,500 public school employees, including teachers,librarians and many administrative workers to random drug testing. Saying that the drug testing program violates adults’ constitutional right to privacy and is ineffective and costly, the ACLU announced today that it will file suit imminently in federal court.
ACLU Issues Official Demand for Governor to Halt Random Drug Testing of Educators (10/04/2007) HONOLULU - The American Civil Liberties Union served Governor Lingle a formal demand letter today calling for an end to the State’s plan to randomly drug test many public school employees, including teachers and librarians. The ACLU has so far been contacted by more than 150 educators seeking to challenge the random drug testing policy.
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Drug Policy
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Publications
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This is Your Bill of Rights, on Drugs (12/01/1999) An article by ACLU Drug Law Reform Project Director Graham Boyd and journalist Jack Hitt published in Harper's Magazine, December 1999. The piece examines how the "War on Drugs" has wreaked havoc on America's Bill of Rights.
Drug Testing: A Bad Investment (09/01/1999) An in-depth ACLU report providing a critical examination of the excessive cost and dubious efficacy of workplace drug testing.
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Legal Documents
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Redding v. Safford - Opinion of U.S. Court of Appeals for the Ninth Circuit (07/11/2008) A ruling from the U.S. Court of Appeals for the Ninth Circuit, which found that school officials violated the constitutional rights of a 13-year-old Arizona girl when they strip searched her based on a classmate’s accusation of ibuprofen possession.
Redding v. Safford - ACLU Supplemental Brief (02/29/2008) The ACLU's supplemental brief filed with the U.S. Ninth Circuit Court of Appeals arguing that school officials violated the constitutional rights of a 13-year-old girl when they strip searched her based on a classmate's uncorroborated accusation of ibuprofen possession.
Redding v. Safford - National Association of Social Workers Brief (02/21/2008) A friend of the court brief filed with the U.S. Ninth Circuit Court of Appeals arguing that school officials violated the constitutional rights of a 13-year-old girl when they strip searched her based on a classmate's uncorroborated accusation of ibuprofen possession.
Redding v. Safford - Rutherford Institute Brief (02/21/2008) A friend of the court brief from the Rutherford Institute filed with the U.S. Ninth Circuit Court of Appeals arguing that school officials violated the constitutional rights of a 13-year-old girl when they strip searched her based on a classmate's uncorroborated accusation of ibuprofen possession.
Redding v. Safford - Supplemental Brief for En Banc Review Before (11/21/2007) A brief filed with the U.S. Ninth Circuit Court of Appeals arguing that school officials violated the constitutional rights of a 13-year-old girl when they strip searched her based on a classmate's uncorroborated accusation of ibuprofen possession.
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Legislative Documents
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Written Testimony on Law Enforcement Confidential Informant Practices by Professor Alexandra Natapoff Before the House Judiciary Committee (07/19/2007) Written testimony prepared by Alexandra Natapoff, Professor of Law at Loyola Law School, for presentation at the Joint Oversight Hearing on Law Enforcement Confidential Informant Practices before the U.S. House of Representatives Committee on the Judiciary Subcommittee on Crime, Terrorism and Homeland Security, and the Subcommittee on the Constitution, Civil Rights and Civil Liberties.
Written Testimony on Law Enforcement Confidential Informant Practices by J. Patrick O'Burke, Deputy Commander, Narcotics Service, Texas Department of Public Safety, Before the House Judiciary Committee (07/19/2007) Written testimony prepared by J. Patrick O'Burke, Deputy Commander, Narcotics Service, Texas Department of Public Safety for presentation at the Joint Oversight Hearing on Law Enforcement Confidential Informant Practices before the U.S. House of Representatives Committee on the Judiciary Subcommittee on Crime, Terrorism and Homeland Security, and the Subcommittee on the Constitution, Civil Rights and Civil Liberties.
No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2007 (01/05/2007) Representative Shelia Jackson-Lee (D-TX) has introduced a bill in Congress that would apply to all state and local agencies that receive federal funding from the Department of Justice. The No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2007, H.R. 253, was introduced in the 110th Congress, 1st Session, and referred to the Committee on the Judiciary. Representative Jackson-Lee’s bill would require corroboration of any informant or law enforcement officer’s testimony.
Texas Informant Corroboration Law (05/17/2001) Texas passed a law, H.B. 2351, requiring corroboration of all informant testimony in order to secure a drug conviction in 2001.
Letter to the House Urging Opposition to H.R. 3164, the "Foreign Narcotics Kingpin Designation Act" (11/02/1999)
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Resources
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Testimony Before the HI Board of Education Opposing Random Drug Testing of UPW Workers (06/19/2008) The ACLU's written testimony prepared for the Hawaii Board of Education opposing the random drug testing of United Public Workers union members.
(11/06/2007)
(11/05/2007)
ACLU of Hawaii E-Newsletter: Teachers Join Us (11/02/2007)
American Bar Association Rules Regarding Informants (10/30/2007) This document lists the text of rules and statutes which are relevant to the representation of informants under the ABA Model Rules of Professional Conduct.
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Fact Sheets
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Drug Testing of Public Assistance Recipients as a Condition of Eligibility (04/08/2008) An examination of the legal, fiscal and practical arguments against drug testing public assistance (welfare) recipients as a condition of eligibility.
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