In adopting this unclear, unprecedented, and unnecessary departure from generally applicable Fourth Amendment standards, the Court carves out a broad exception to standards that this Court has developed over years of considering Fourth Amendment problems. Such hairsplitting argumentation has no place in an inquiry addressed to the issue of reasonableness.
These have, of course, important, delicate, and highly discretionary functions, but none that they may not perform within the limits of the Bill of Rights. In his experience, possession of rolling papers by high school students was closely associated with the use of marihuana.
TLO" and the infamous "Tinker v. One of the two girls was the respondent T. The effects of this case are far reaching within all of the United States school systems as teachers had a Supreme Court sponsored decision to seize and search the property of students if they had reason to believe that they were hiding something.
The New Jersey Supreme Court agreed with the lower courts that the Fourth Amendment applies to searches conducted by school officials.
The principal then searched her purse looking for cigarettes. While it is apparent to me that the Fourth Amendment should be no less applicable in schools than in the general society these essential Constitutional protections have been under fire in recent years and many rights have been taken away from students.
The states are free to interpret their Constitutions and laws in a manner that gives more protections to individuals than the U. According to school officials, they do require a " reasonable suspicion " to perform a search. It is evident that the school setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject.
During the search for the cigarettes they found the cigarettes, rolling papers used for making joints, a list of names with quantities of money owed to TLO, and finally a bag of marijuana. This suspicion justified further exploration of T.
Importance of State Constitutions Each state has its own Constitution, including some form of a state Bill of Rights, as well as laws. Justice Brennan and Justice Marshall concurred in part and dissented in part. In that case, its courts would not purport to be applying the Fourth Amendment when they invalidate a search.
They claimed that the search conducted by school officials was unconstitutional. He disagreed, however, with the new standard set down by the Court, which he felt was a departure from the traditional " probable cause " approach.
Her friend confessed that they were smoking whereas Tracy claimed she had never smoked before, Choplick took her into his office and asked her to hand over her purse for him to search. Determining the reasonableness of any search involves a twofold inquiry: The case made its way all the way up to the Supreme Court and in a decision the court ruled that the search was entirely constitutional as there was reasonable circumstance to check it.New Jersey v.
T.L.O. () Summary. In this case, the Supreme Court held that while the search warrant requirement does not apply to public school officials, teachers and administrators are bound by the Fourth Amendment’s essential requirement that searches be.
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Read New Jersey V. Tlo free essay and over 88, other research documents. New Jersey V. Tlo. The Fourth Amendment to the constitution protects United States citizens from unreasonable searches and seizures.
Our forefathers recognized the harm. New Jersey v. T.L.O. Decision; Cites; U.S. New Jersey v. T.L.O. (No. ) see her purse. Upon opening the purse, he found a pack of cigarettes and also noticed a package of cigarette rolling papers that are commonly associated with the use of marihuana.
He then proceeded to search the purse thoroughly and found some. Facts and Case Summary - New Jersey v. T.L.O. T.L.O. was a year-old female student at a New Jersey high school. A teacher found T.L.O. and another student smoking cigarettes in the girls’ restroom in the school building in violation of school rules.
New Jersey v. TLO. Search. Table of Contents. Criminal Procedure keyed to Weinreb. Add to Library. Law Dictionary. the judgment of the Supreme Court of New Jersey is erroneous.” Multiple Choice and Essay Exam Prep; .Download