New Jersey v T.L.O
نص القصة المصورة
- TLO and other girl are smoking in the bathroom which is against the school rules. This is when a teacher witnessed it and tell's the Vice Principal
- What are you guys doing?
- One girl admitted to smoking, and TLO did not. This made the principaltake her purse and search it.
- Were you two smoking in the bathroom?
- No, I wasn't.
- I need to search your purse. Please hand it over
- Yes, I was. I am sorry sir.
- The school officials searching my purse was against the Fourth Amendment. This is against my rights!
- This search was reasonable though because she was suspicious for smoking in the bathroom which was witnessed by another teacher .
- NEW JERSEY COURT
- NEW JERSEY COURT
- T.L.O. is guilty, and the search was reasonable and her rights weren’t violated. The suspicion of smoking in the bathroom witnessed by a teacher made it where the search by school officials was reasonable. So this made it where her rights weren’t violated. The further search of her purse was also reasonable because of the marijuanafound, so the officials needed to make sure there were no drugs. This was altogether reasonable under the circumstances.
- TLO is found guilty by a 6-3 vote in Supreme Court, and is found as a delinquent, who is going to serve 1 year probation.
- SUPREME COURT
- SUPREME COURT
- I dissent as well, for I think that the new standard of the Court's reasonable suspicion is inappropriate. I think that for a search to be reasonable, the student needs to be violating the law or causing disruption of school order or educational process. So therefore, I believe smoking in the bathroom is not necessarily violent or disrupting, which makes this search unreasonable.
- I dissent, for the Fourth Amendment was violated since the amendment says,“no Warrants shall issue but upon probable cause.” This means that w/o probable cause, the search is based just on reasonable suspicion, are unreasonable, so this violates the Fourth Amendment.
- SUPREME COURT
- MY FOURTH AMENDMENT RIGHTS HAVE BEEN VIOLATED!
- Overall, the choice we've decided isnow that school officials do not need to have probable cause to believe that a student has violated school rules in order to initiate a search, even though probable cause is required for police to initiate a search of children or adults. This means that all school officials need a reasonable suspicion to search if the student has violated school rules. They also have to have reasonable grounds for suspecting that the search will turn up evidence that the student has violated … either the law or the rules of the school.”
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