Preview

Unlawful Search: New Jersey vs. T.L.O.

Satisfactory Essays
Open Document
Open Document
345 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Unlawful Search: New Jersey vs. T.L.O.
Felix Suhermanto
Honors Am Gov.
2/22/13
period 3 white

T.L.O vs. New Jersey

The court’s decision in TLO vs. New jersey had a remarkable impact on the general public, to the extent that it is still cited today. The fourth amendment states that “ the right of the people o be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, 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.” But the question is that does this amendment apply to students in public schools? When the assistant vice Principal Mr. Choplick at Piscataway High School was searching through TLO’s belongings he did not believe that he was violating the constitution. This was because she was caught with a fellow classmate in the girls bathroom smoking a cigarette. When Mr. Choplick was searching through TLO’s purse he found a pack of cigarettes, rolling papers, a bag of weed, a pipe, lots of one dollar bills and a list of students who owes her money and a letter that has shown that she has been dealing drugs. After the search at the school was conducted TLO’s mother and the police were informed. TLO was taken to the police station and was questioned, which she then confessed that she had been dealing drugs at school. Because TLO had confessed the state of New Jersey had to file delinquency charges on TLO. After this was taken care of, TLO requested that the evidence in her purse was to be restricted. This was because she believed that the search in her school was violating the fourth amendment. She also wanted her confession to be restricted. She said that she confessed because of what was found inside the purse and said that if the purse were not searched for she would not have said a confession. The court denied it but they considered that the search was

You May Also Find These Documents Helpful

  • Satisfactory Essays

    A teacher found two girls smoking in the bathroom in a school located in New Jersey. Upon arrival to the principal’s office for disciplinary actions, one of the girls admitted to smoking, while the other (whose initials are T.L.O.) denied any wrongdoing. The principal ended up searching the girl’s purse which contained evidence to prove she was smoking in the bathroom along with marijuana paraphernalia. She eventually admitted to using this paraphernalia for selling marijuana in school. Using the evidence found within the purse and the confession, she was charged and taken into juvenile court where she was eventually sentenced to a year’s probation. T.L.O argued that her 4th amendment rights had been violated…

    • 263 Words
    • 2 Pages
    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
  • Good Essays

    In Safford Arizona school on October 8th, officials strip-searched a 13-year-old girl after they received information from another student that the girl possessed "prescription strength" 400 mg ibuprofen and 200mg naproxen. While attending math, assistant principle Kerry Wilson entered the classroom and instructed Savanna Redding's to his office. Upon entering, she immediately noticed her planner placed on his desk. However, what she didn't recognize was the knife, cigarette and lighter that was contained inside it. Admitting the planner was hers, she explained to the assistant principle that she had lent the planner prior to her classmate, Marissa and had NO knowledge of what was inside it. Also brought to her attention was a large white bottle of ibuprofen that was also found in the planner. Unsatisfied, the assistant principle asked to also search the rest of her belongings in order to disprove her claim. When no evidence was found, he proceeded to send her to the school's nurses office for what can be considered a strip-search. She was told to remove a clothing and in the processes her private areas (breast) were exposed. Complete embarrassed, she remained calm and did as she was told. No pills, or any other illegal item was found on her. Naturally, when Savanna 's mom discovered this she "dropped the bomb" and filed a lawsuit saying it violated her daughter's fourth amendment right (which was the right thing to do)and that she was never contacted during the search at anytime. Proceeding to the trial, the District court found no violation and a panel agreed, but on the appeal in a "en banc decision 6-5" the court reversed the other decision saying that it DID in fact violate her fourth amendment right. School district appealed to the Supreme Court and approved there appeal and granted certiorari. It was reasoned that the strip search was not justified nor was the scope of intrusion reasonably…

    • 899 Words
    • 4 Pages
    Good Essays
  • Good Essays

    This case established limitations on our 4th amendment right under school property. The majority opinion should be right one because in order to…

    • 310 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Terry Vs. Ohio Case

    • 564 Words
    • 3 Pages

    The most famous case in U.S. history is the Terry v. Ohio . The Terry v. Ohio case raised many questions as to whether or not the search and seizure of Terry violated the Fourth Amendment. The police officials thought they would take action upon themselves into frisking and searching the men for what they could find, not acknowledging the rights of the people. The courts decision was 8-1, meaning that the search done by the officer was reasonable in the Fourth Amendment and the weapons that were taken were used and held against him as evidence. After the Terry case, police are now demanded to search a suspect on reasonable suspicion.…

    • 564 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The officials at Piscataway High School in Middlesex County, New Jersey, didn’t believe that they were violating the Constitution when Mr. Theodore Choplick searched the purse of T.L.O. She had been caught in the bathroom smoking cigarettes with another girl. Upon searching her purse, Choplick found a package of cigarette rolling papers, a pipe,…

    • 726 Words
    • 3 Pages
    Good Essays
  • Good Essays

    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
  • 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
  • Better Essays

    Search and Seizure

    • 1257 Words
    • 6 Pages

    First let me start off by saying that, after reading the account of what happened to Trixee, in my opinion Trixee has a VALID argument that both Officer Fletcher and manager violated her fourth amendment rights against “search and seizure” as well as her constitutional rights. I will now explain my opinion by clarifying the Issues of fourth amendment violation by ShowTime and Officer Fletcher, the rules (laws) that were violated, a brief Analysis of proof that they were in violation of fourth amendment laws, and finally how this all leads top my conclusion that Trixee has a strong case against Officer Fletcher and Showtime Gentleman’s Club for violating her fourth amendment right against “search and seizure” and privacy. But before discussing these four points I will define some legal terms that affect this case so that we have a better understanding of the issues involved and why I came to my conclusion.…

    • 1257 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    Tlo Argumentative Essay

    • 474 Words
    • 2 Pages

    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…

    • 474 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    "The fourth amendment of the Unified Conditions of America constitution peruses as takes after; The privilege of the general population to be secure in their people, houses, papers, and impacts, against outlandish quests and seizures, might not be disregarded, and no warrants should issue, but rather upon reasonable justification, bolstered by Vow or attestation, and especially portraying the place to be sought, and the people or things to be seized."…

    • 1381 Words
    • 6 Pages
    Powerful 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
  • 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

    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.…

    • 880 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Us V Lopez

    • 803 Words
    • 3 Pages

    High school senior Alfonso Lopez of Edison High concealed a .38 caliber revolver into school on March 10, 1992. Although he did have five cartridges, the gun was not loaded. Lopez told authority that he was to deliver the firearm in exchange for 40 dollars. He was caught by authority because of anonymous tips by fellow classmates. He was confronted and confessed to the crime. He was charged with a possession of a firearm in school premises”. Lopez challenged that what was done to him was completely unconstitutional.…

    • 803 Words
    • 3 Pages
    Satisfactory Essays