Preview

Tlo Argumentative Essay

Satisfactory Essays
Open Document
Open Document
474 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Tlo Argumentative Essay
TLO argued that her Fourth Amendment rights were violated, but why? In 1984, a teacher found two girls in the New Jersey school bathroom smoking cigarettes. They were then sent to the principal's office for interrogation. Immediately the second girl admitted to this crime, but TLO held her own. TLO was a 14-year-old girl named Tracy Lois Odem, she remained anonymous until recently.The principal, Ted Choplick, demanded that he searches her purse. Choplick found rolls, paraphernalia-marijuana, money, a list of names, and a box of cigarettes, he then excluded the contents. After being arrested TLO said due to the Fourth Amendment, stating “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”, that Choplick invaded her privacy, which is unconstitutional TLO appealed to the Juvenile and Domestic Relations of Middlesex County NJ. Where TLO faced delinquency charges along with one year of probation. They said under certain circumstances her purse can be checked, they also said Choplick had constitutional rights with reasonable suspicion.
It was also agreed that the
…show more content…
The court case affects schools by setting new rules and expectations from students. In a public school, there is no fear that the student next to you is withholding drugs or illegal substances. Just like it affects all students, we do not have to fear of violence or illegal activity. Lastly, it affects you. Your expectations and rules are different because of what has happened in the past. The TLO case affects how schools do things. They can search lockers, bags and any personal property within reason. Simple things as a court case can affect everything around

You May Also Find These Documents Helpful

  • Good Essays

    New Jersey vs T.L.O Analysts BNCAPS-TLO 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
  • Good Essays

    BOARD OF EDUCATION v. EARLS Criminal Courts bOARD OF EDUCATION V. EARLS The Issue before the court was that two high school sophomores Lindsay Earls and Daniel James along with their families challenged their schools drug testing policy as an unlawful search that violated student’s right to privacy. They alleged that their policy requiring students to consent to random urinalysis testing for drug use violated the Fourth Amendment to the United States Constitution.…

    • 710 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Argumentative Essay

    • 683 Words
    • 3 Pages

    The prices of college tuition have increased yearly, and not much of an effort is put forth to try to lower the costs. For example, colleges in the state of Pennsylvania have a high tuition. Moravian College’s tuition is about $32,931, and after receipt of grants and scholarships for one year it will be $22,900. East Stroudsburg University’s tuition is about $6,240, and after receipt of grants and scholarships for one year it will be $12,500. I can barely afford Community College, and I know for a fact I wouldn’t be able to afford any of these colleges or universities either. In this essay, I will explain through facts and opinions, why the cost of college tuition should be lowered.…

    • 683 Words
    • 3 Pages
    Good Essays
  • Good Essays

    T.L.O. decision. In the case of Vernonia School District 47J v. Acton the court approved of random drug testing of athletic students based on no suspicion or "reasonableness" at all. Writing for the opinion of the court Justice Scalia says that, "A search unsupported by probable cause can be constitutional, we have said, 'when special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.'" He then goes on to argue that "We have found such 'special needs' to exist in the public-school context. There the warrant requirement 'would unduly interfere with the maintenance of the swift and informal disciplinary procedures [that are] needed, 'and strict adherence to the requirement that searches be based upon probable cause' would undercut 'the substantial need of teachers and administrators for freedom to maintain order in the schools.'…

    • 1338 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    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…

    • 497 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The Superior Court of New Jersey, Appellate Division affirmed the denial of the request to suppress evidence. The New Jersey Supreme Court then reversed the decision and ruled that the exclusionary rule of the Fourth Amendment applies to the searches and seizures made by school officials. The case then went to the United States Supreme Court. The first thing the U.S Supreme Court did was ordered to rehear the argument about the question of whether the assistant principal violated the Fourth Amendment in T.L.O’s case. After rehearing the argument the court in a 6-3 decision written by Justice Byron R. White ruled that the search of T.L.O’s purse was reasonable under the circumstances. They stated that even though the Fourth Amendment’s protection against unreasonable searches and seizure also applied to public school officials, they may conduct reasonable searches of students with proper authority and probable…

    • 647 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Supreme Court reversed the decision of the appellate district’s ruling and ordered that the evidence found in the purse be suppressed. They found that mere possession of cigarettes was not a violation of school rules. Therefore, Choplick’s search of T.L.O.’s purse was in violation of the Fourth Amendment, so the even more extensive search of the purse was not justified. The cigarette rolling papers and other various items would never have been available as evidence, making the case, as a whole, moot. The Court ruled in favor of New Jersey, by a margin of 6-3.…

    • 726 Words
    • 3 Pages
    Good Essays
  • Good Essays

    T.L.O. is a case that argued the right to privacy rights at school. The result of this case was that students belongings can be searched but not for no good reason. Furthermore, the case started when a fourteen year old student at Piscataway High School in New Jersey was caught smoking in a bathroom by a teacher. Once the student was caught her purse was then searched by the teacher. Found in the purse was a pack of cigarettes, rolling papers, and a small amount of marijuana. Because of the belongings discovered by the teacher, police were called in and the fourteen year old student openly admitted to selling drugs on school property. Furthermore, during her trial she was found guilty and was put on probation. However, fourteen year old, Terry argued that the search of her purse was a violation of the fourth amendment, “unreasonable searches and seizures.” This case is a great example of a landmark case because it started the beginning of future decisions regarding searches and seizures at…

    • 639 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Dollree Mapp Case Study

    • 452 Words
    • 2 Pages

    Mapp argued that the police had no warrant to be able to access and search her property and she believed that all evidence found should be discarded since it violated the 4th amendment, which states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”…

    • 452 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Unreasonable Searches & Seizures- 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

    Savana’s mother sued the school district and took her case to district court. The district court determined that Savana’s Fourth Amendment rights had not been violated. Savana then took her case to the supreme court where it was concluded that Savana’s Fourth Amendment rights had been violated. The court voted 8-1, in favor of Savana. However, the court also stated that the school administrators were entitled to qualified immunity. This was because at the time of the search, Savana’s unconstitutionality was not expressed. It's cases like Savana’s that show the ugly side of school searches if not properly executed. However, if properly done, school searches can be a positive impact on a school and its…

    • 1173 Words
    • 5 Pages
    Good Essays
  • Good Essays

    This court decision creates a distinct precedent that gives schools the full right of search and seizure based on “reasonable suspicion”. To be clear on this rule, previously school officials must have probable cause to conduct searches on students. Probable cause is defined as "a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true” (Ballantine’s Law Dictionary) . On the other hand, for reasonable cause it must be based on "specific and articulable facts", "taken together with rational inferences from those facts”, and the suspicion must be associated with the specific individual. (Ybarra v. Illinois, 444 U.S. 85, 91)This drastic…

    • 497 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Argumentative Essay

    • 1950 Words
    • 8 Pages

    A. Curfews hinder freedom and can cause rebellion to teens B. Teens can be at the wrong place at the wrong time…

    • 1950 Words
    • 8 Pages
    Good Essays
  • Good Essays

    Government Court Cases

    • 2832 Words
    • 12 Pages

    New Jersey v. T.L.O (1985) 1. Constitutional Question: When searching through a bag, did the principal violate the Fourth and Fourteenth Amendment?…

    • 2832 Words
    • 12 Pages
    Good Essays
  • Good Essays

    New Jersey vs. T.L.O The Supreme Court has a long history of upholding citizens' protections against unreasonable searches and seizures a right guaranteed by the 4th Amendment. In 1914, the Court ruled that evidence obtained by police illegally is not admissible in federal court a practice known as the exclusionary rule. In 1980, a teacher at Piscataway High School in Middlesex County, New Jersey, found T.L.O. and another girl smoking in a restroom a place that was by school rule a nonsmoking area. The two girls were taken to the principal's office where T.L.O.'s friend admitted that she had been smoking in the restroom. T.L.O. denied smoking there. She denied that she smoked at all. An assistant vice-principal demanded to see T.L.O.'s purse. Searching through it he found a pack of cigarettes. He also found rolling papers, a pipe, marijuana, a large wad of dollar bills, and two letters that indicated that T.L.O. was involved in marijuana dealing at the high school. T.L.O. was taken to the police station where she confessed that she had sold marijuana at the school. A juvenile court sentenced her to a year's probation. The State Supreme Court overturned the decision, stating that T.L.O.'s 4th Amendment rights had been violated. But White agreed with a lower court finding that a “school official may properly conduct a search of a student's person if the official has a reasonable suspicion that a crime has been committed or reasonable cause to believe that the search is necessary to maintain school discipline….” In other words, in a school, a search could be reasonable under the 4th Amendment without probable cause, so long as it was supported by reasonable suspicion or reasonable cause. The assistant vice-principal's search was considered reasonable under this definition. In 1985, the Supreme Court, by a 6-3 margin, ruled that New Jersey and the school had met a "reasonableness" standard for conducting such searches at school. The high court…

    • 451 Words
    • 2 Pages
    Good Essays