Preview

T. L. O V New Jersey Case Study

Satisfactory Essays
Open Document
Open Document
497 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
T. L. O V New Jersey Case Study
Adrian Solomon Social Studies 2015 T.L.O v New Jersey
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.
A teacher at a New Jersey high school discovered a 14-year-old freshman and her friend smoking cigarettes in school in violation of a school rule the teacher took them to the Principal's office where they had to meet with the Assistant Vice Principal. When when T.L.O was asked if she was smoking she denied that she had and claimed that she did not smoke at all ,the Assistant
…show more content…
After this discovery he continued to search the purse thoroughly and found some marijuana, a pipe, plastic bags, money, an index card containing a list of students who owed TLO money, and two letters that signaled her in marijuana dealing. So everything being discovered now will be used against her in court. After the discovering of these items in TLO purse she was taken to the Juvenile Court and received delinquency charges which,in court TLO tried to say that her 4th Amendment was violated but the court said the search conducted by the Vice Principal was reasonable because TLO was a delinquent. On the contrary The Appellate Division of the New Jersey Superior Court came to the conclusion that there was a Fourth Amendment violation. The New Jersey Supreme Court said, holding that the search of the purse was unreasonable. She was sentenced to one year probation and brought up on charges by the local authorities. Though the Supreme Court did not say that the Fourth Amendment did not apply to students. The Fourth Amendment states that a search and seizure cannot be lawfully conducted without a warrant or probable cause. However, in a school setting, a search is considered to be reasonable and within the constraints of the Fourth Amendment if there is reasonable suspicion

You May Also Find These Documents Helpful

  • Good Essays

    Best V. New Jersey Case

    • 897 Words
    • 4 Pages

    School administrators and law enforcement officers have different regulations when a search or seizure is being conducted, especially concerning that of a minor. School administrators only need reasonable suspicion to search a student while law enforcement officers must have probable cause. In the cases of Best V. New Jersey and Safford V. Redding, the issues of search and seizure of a student in school are laid out in different scenarios that clearly portray the difference between a constitutional search and an unconstitutional search. The concept of reasonable suspicion is sufficient for the extended search in the Best V. New Jersey case because the student was in clear violation of school policy and the search was necessary to maintain safety and order in the school;…

    • 897 Words
    • 4 Pages
    Good 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

    In 1980, one of the teachers at Piscataway High School found two girls smoking in a restroom at the school…

    • 284 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In 1984, fourteen year old T.L.O ( her full name was never disclosed due to her age ) was called down to the principal’s office after she was discovered smoking in the girl’s bathroom. T.L.O’s purse was searched and school administrators found cigarettes, one dollar bills, a small amount of marijuana, and other items. T.L.O had stated that she had not been smoking, however, her friend admitted to doing so. After being taken to the police station, T.L.O admitted to selling marijuana at school and smoking in the bathroom. It’s cases like this that emphasize why it’s so important to grant school administrators the right to search its students with reasonable suspicion and probable cause.…

    • 1173 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    On March 7th, 1980, two high school freshman were found smoking in the bathroom at Piscataway High School in Middlesex County, NJ. The students were escorted to the vice principal Mr. Choplick’s office. The defendant, TLO, who was one of the students that were caught smoking denied the accusation. Mr. Choplick inspected TLO’s purse and found a box of cigarettes. Afterward removing the box of cigarettes, he saw a pack of rolling papers. Mr. Choplick suspected that a closer examination of the purse may yield evidence of drug use and that a thorough inspection would be needed. After a thorough search, he found a small amount of marijuana, a pipe, a number of empty plastic bags, a large amount one dollar bills, an index card with a list of who…

    • 150 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Search and Seizure

    • 1448 Words
    • 6 Pages

    One of the most well-known and significant cases dealing with search and seizure in the school system was the Supreme Court’s decision in R. v. M. (M.R.) 129 C.C.C. (3d) 361. In this case, the vice-principle of the school was provided with information for someone he deemed to be trustworthy and reliable. The information given was that a student was planning on bringing and selling drugs at the school dance. The evening of the school dance, the vice-principal escorted the student to his office and asked the student to empty his pockets and to pull up his pant leg. The drug, which was marijuana, was found stuffed in his sock. An RCMP official who was in…

    • 1448 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    The purpose of this paper is assess the limits search and seizure in public schools, apply specific ruling, analyze the New Jersey v. T.L.O. case and explain, recommend changes to existing (specific) laws to create a fairer educational setting in terms of search and seizure and peer review. School officials are responsible for providing a safe and orderly school environment. The officials are required to address disrupting or unsafe behavior that violate school policy and rules. It may require searching of students and their belongings. Dealing with disrupted behavior is a difficult situation that requires decision-making on when, where and how to conduct a search and seizure. My assess limit search and seizure is on hunch or just general search. School officials must have reasonable or proper cause to search.…

    • 2085 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    “It must always be remembered that what the Constitution forbids is not all searches and seizures, but unreasonable searches and seizures” (Stewart). Random searches of students are permitted by the Constitution and need to be allowed. The court case of T.L.O. v. New Jersey proved that searches in the school setting are both permissible and reasonable. The case represents students as a whole and shows that they are not above accountability, and school faculty members are in a position to act as the guardians of the students. Random searches of students on school grounds are reasonable and necessary because of the nature of adolescents.…

    • 1032 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    The teacher told the principal that he thought he saw a gun while a student was at his open locker. The school was on lockdown for an hour and police found a Taser in the freshman’s locker. The student was taken into custody and his parents were called.…

    • 76 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    In the New Jersey v. T.L.O. case, T.LO. and her friend were accused by a teacher for smoking in the bathroom. Her friend admitted to, but T.L.O kept denying it. The teacher brought her purse to the principal, and the principal demanded to see her purse. Proof that T.LO. was selling drugs was found. They took it to the police and she finally committed to selling marijuana. The state of New Jersey brought charges against her. In court she argued that the Fourth Amendment right against unreasonable searches had been violated. In juvenile court they sided with the school and then in New Jersey Supreme Court they said the search was unreasonable. The case was then taken to the Supreme Court. The Supreme Court decided that “the school had met a ‘reasonableness’ standard for for conducting such searches at school”. It was also decided that “school administrators do not need a search warrant or probable cause before conducting a search because students have a reduced expectation of privacy when in school”.…

    • 325 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Four-Part Action Plan

    • 799 Words
    • 4 Pages

    The four-part action plan to rectify the situation was done with the intent to promote the success of all students. Step 1 of the action plan involved contacting the school district’s legal department because I am aware that Essex factually stated that “the Fourth Amendment of the U.S. Constitution provides protection of all citizens against unreasonable search and seizure” (2011). I am also aware that “the major challenge facing school personnel involves the task of delicately balancing the student’s individual right to Fourth Amendment protection against the school’s duty to provide a safe and secure environment for all students” (2011). Because Mrs. Cole left her classroom unattended to do the search, it could be argued that she was not…

    • 799 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In middle and high schools, administration often calls upon the local police department and the school resource officer to punish more severe and legal allegations, such as drug use, in their own schools. However recently, the use of drug sniffing dogs has come into question when a case was brought to the Supreme Court. In the case, drug sniffing dogs were used at a house where drugs were suspected. Though the case was ultimately ruled in favor of the citizen who had the dogs used against him, the infringement of privacy and constitutional rights continued to be questioned with the use of drug-sniffing dogs. However, the use of drug sniffing dogs in unannounced and periodic locker searches in public schools is completely justified and constitutional.…

    • 586 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Second, the scope of the search must be reasonably related to the rule violation that led to the search in the first place. Because the vice-principal's search of TLO met the Supreme Court's test, it reversed the judgment of the New Jersey Supreme Court and ruled that the marijuana was admissible as evidence.” Another direct quote from the article. This makes the use of reasonable suspicion as a way of warrantless searches fair and completely necessary for all schools to do. It would be necessary for all schools so that we can avoid drug trades, violence, student based shootings, and depressed friends and families. The only down side of a reasonable suspicion search is that people can legally rule it being against the Fourth Amendment. But if they were to do that then an entire Court case would be brought up. But a search out of reasonable suspicion is just to ensure safety in schools and…

    • 935 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In America, many schools across the nation face the harsh reality of increasing violence and drug use within the confinement of the educational buildings. The response by most school administrators is to conduct individualized searches and seizures of student’s lockers, backpacks, and cellphones, hoping to find drugs and weapons, or signs of their use. Without reasonable suspicion to suspect weapons or drugs, school officials do not lawfully, under the Constitution, have the right to conduct such unreasonable searches and/or seizures of student’s belongings. As new court cases arise pertaining to the issue, many begin to realize how school officials take advantage of student’s right to privacy and unlawfully administer searches and seizures of personal belongings based on the mere hope of discovering illegal contraband. I believe school administrators need to…

    • 962 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The student activities drug testing policy by Tecumseh, Ok school district requires all middle school and high school students to consent to urinalysis testing for drugs in order to participate in any extracurricular activity. Two Tecumseh high school students brought suit alleging that the policy violates the fourth amendment. Court appeals held that policy did violate the fourth amendment. The appellate court concluded that before imposing a suspicion less drug testing program, a school must demonstrate some identifiable drug abuse problem among a sufficient number of those tested, such that testing that group will actually redress its drug problem, which the school district failed to demonstrate.…

    • 710 Words
    • 3 Pages
    Good Essays