Preview

Case Study: New Jersey V. T. L. O.

Good Essays
Open Document
Open Document
310 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Case Study: New Jersey V. T. L. O.
New Jersey v. T.L.O., (1985) is the case that impacted me the most. It is a decision by the US Supreme Court regarding the constitutionality of a search of a public high school student after she was caught smoking. A search of her purse revealed drug paraphernalia, marijuana, and documentation of drug sales. She was charged as a juvenile for the drugs and paraphernalia found in the search. She went against the search, claiming it violated her 4th Amendment right against unreasonable searches. The U.S. Supreme Court, in a 6-3 ruling, said that the search was reasonable under the Fourth Amendment.
This case established limitations on our 4th amendment right under school property. The majority opinion should be right one because in order to

You May Also Find These Documents Helpful

  • Satisfactory Essays

    The issue with this case is that does it violate the Fourteenth Amendment. Which in short says that no other state has the…

    • 282 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    In the case Harris v. New York, 401 U.S. 222 (1971) Harris was accused of offering in heroin to a covert officer on two events. In any case, Harris took the stand in his own safeguard yet denied the offense, and he asserted he sold the officer two sacks of baking powder. On round of questioning the arraignment utilized repudiating proclamations made by Petitioner to police not long after his arrest. The contradicting statements were made before Petitioner got his Miranda warning. Okay, I understand about the Miranda cautioning not given before Harris affirmation, but rather shouldn't something be said about the proof? Is it accurate to say that it was tested to be heroin or baking…

    • 118 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    This case brings the question up of was T.LO's rights broken or not. The fourth amendment is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. T.L.O is the person who sued because she felt that the contents in her bag were only found because it was searched unlawfully. In Juvenile Court it was decided that there had been no Fourth Amendment violation. T.L.O was searched without probably cause of any illegal activity. The fact that she was smoking cigarettes in school have the principle no reason to think she is dealing marijuana.…

    • 314 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Mapp vs. ohio: The surrounding of the case was the police came in her house try to find a bomb suspect they found the bomb suspect but they also found pornograph pics of her self so she was arrested that day. The supreme court's decision was that when a police officer is searching you or your house they have to specify what they are looking for. The courts decision maid a big change because the cops if they come in your house looking for a gun but they find a knife they cant arrest you for it because they have to specify what they are looking for.…

    • 107 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Hodel Vs Irving Summary

    • 4767 Words
    • 20 Pages

    3. Hodel v. Irving - (1987) Indian land was being divided under an allotment policy and fractional ownership developed. People were owning 1/100th of a parcel of land and rental income bookkeeping was expensive. So congress said anyone who’d inherit less than 2% or income and less than $100 a year lost his inheritance and it escheated to the tribe. Irving sued because it was taking his property right to give it to his…

    • 4767 Words
    • 20 Pages
    Better Essays
  • Good Essays

    Issues: In this scenario a student maintained residence in the town of Trenton, a community that does not have a high school. Students from this area are able to enrolled in Ellsworth or MDI high schools, however, due to behavioral issues the student was placed in a more restrictive environment in Bangor (Parent v. Trenton, 1999, p.2). During the spring of the 1998-1999 academic year the student returned home without “notifying the Trenton School Department of the student’s self initiated change in residency/educational placement” (Parent v. Trenton, 1999, p.2). The student was denied enrollment in both of the available high schools due to his/her intended date of enrollment, and failure to pass a background check (Parent v. Trenton, 1999, p.5). Interestingly, the issues addressed in this case do not consider the lawfulness of the schools’ denial for enrollment, but instead focused on Trenton School Department and if it sufficiently provided the student…

    • 467 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Lopez was definitely in the wrong in bringing a gun to school, but it should have been up to the state to punish him and Congress should not have gotten involved. I too think that this case kept or court system in check too. If the Court had agreed with Congress then I believe it would have increased Congress’s power. This case showed that Congress could not get away with saying it fit effected the interstate commerce.…

    • 77 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    The 4th amendment states that people have a right to have privacy. If a police officer or any law enforcement comes to your house without a warrant and seized something in your possession they broke a law. Something like this happened in 1984.…

    • 497 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Mapp V. Ohio Case Study

    • 1111 Words
    • 5 Pages

    Mapp v. Ohio is an important case that made history. For the reason it has to do the Fourth and Fourteenth Amendment. All evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court. Wolf v. Colorado, 338 U. S. 25, overruled insofar as it holds to the contrary. Pp. 367 U. S. 643-660.…

    • 1111 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Gideon Vs. Wainwright

    • 433 Words
    • 2 Pages

    Gideon v. Wainwright, a case involving a indigent man by the name Clarence Gideon, who couldn’t afford an attorney to advocate for him when he was charged with breaking an entry, a felony in the state of Florida. This case not only changed America when the supreme court ruled the government must provide free counsel to accused criminals who cannot afford counsel for themselves, this case as also had a huge impact on my family life and in my decision making when it came to my career path.…

    • 433 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In this case, Brown contends that he had a firm constitutional right to stand up and support Jennings if he so chose to. As with any Constitutional right, this right must be allowed except when it begins to interfere and infringe on the ability of educators to safely and effectively carry out their duties to other students. Brown v. Cabell, 598.…

    • 656 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In a town named Vernonia, Oregon, the local public schools faced a major problem regarding the drug use of students while participating in high school athletics (3). The Vernonia School Board were disturbed that drug use increases the risk of sports-related injury (4), so they approved an anti-drug policy, the Student Athlete Drug Policy, which requires random drug testing of the school’s student athletes (5). However, this became a conflict with the parents of a child named James Acton. The parents refused to sign a consent form to allow their kid to take the drug test because they felt it went against the 4th Amendment’s prohibition against “unreasonable” searches (6). The case was dismissed in the Federal District Court and was appealed to the Court of Appeals for the 9th District (7). This court favored the Acton families’ complaint, but random drug testing in public schools was ruled allowable in 1988 in Indiana, Illinois and Wisconsin (8). The case went on appeal to the U.S. Supreme Court to conclude conflicting court decisions (9).…

    • 1137 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Mathew Fraser Speech

    • 772 Words
    • 4 Pages

    The US Supreme Court voted 7-2, saying that the school district's policy did not violate the First Amendment.…

    • 772 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Student's Fourth Amendment rights shouldn't be limited in schools, but they still are. In school students' privacy is being invaded legally. There's no warrant needed to search students on school grounds. They could be unreasonable searches. School authority shouldn't be allowed to search students. Limiting rights in certain places is unconstitutional and shouldn't be…

    • 696 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    The U.S. Supreme Court's ruling in the Board of Education v. Pico discussed the issue of whether the school's board acted morally. The school board decided to remove nine books that they deemed to be anti-American, anti-Christian, anti-Semitic, and just plain filthy. The Supreme Court was asked to decide if the school board had valid reasons to remove these books from the school's library. The books weren't required readings and were optional information for the students to extend their personal interests and thoughts. The First amendment was the main issue that became the focal point of this case. The majority opinion reflected what five judges concluded after they were presented with the case. They agreed that the First amendment imposes limitations on the school boards reasons to remove the books from the library's shelves. Students do not vacate their constitutional rights to freedom of speech or expression as they enter the school's property. Removing the books implicitly violated the student's rights because there weren't any valid reasons provided by the school board. The school board has the power of deciding which curriculum provides the values associated with its community, but not beyond the environment of the classroom and into the voluntary confines of the library. The petitioner's motivation to remove these books, were fueled by partisan and political factors. The school board didn't have sufficient evidence to remove these books, other than they disliked the ideas contained in the books. This is a violation of the Constitution. The dissenting judges disagreed with the majority opinion because they believed the Board's actions were justified. Judge Mansfield believed that the undisputed evidence of the motivation for the Board's action was perfectly permissible saying that the books were indecent, in bad taste, and unsuitable for educational purposes. His position was proven because he thought the Board acted…

    • 819 Words
    • 4 Pages
    Good Essays