New Jersey Vs Tlo Case Study

There are lots of different situations where students of a public school are deprived of their right of free expression given in the fourth amendment. One example of this is the case of Engel vs Vitale. This court case took place in 1962 when a parent of a child sued because of a New York State law that required students to recite a nondenominational prayer every morning, "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country”. This law goes against the Establishment of Religion clause of the fourth amendment. Another violation of The Bill of Rights is the Tinker v. Des Moines case. This case took place in 1969 when two students, MaryBeth Tinker, and her brother wore black armbands to protest the Vietnam war. However, the result of this action, according to the article, Supreme Court Landmarks from the United States Courts, “ Fearing a disruption, the

In this case two students who were female where smoking in the laboratory. When caught one of the students admitted to smoking as for the other she denied when asked to search her purse she denied so instead the vice principal still searched and found the cigarettes and rolling paper. When digging deeper he found little amounts of marijuana and a pipe zip lock bags and a card with many of

The Fourth Amendment to the constitution protects United States citizens from unreasonable searches and seizures. Our forefathers recognized the harm and abuses that occurred in the colonies to innocent people by the British, and they made sure to write protections into the U.S. Constitution. Fearing the police state that any nation has the potential to become and recognizing that freedom and liberty is meaningless when victimization by the police is a real and foreboding threat the Fourth Amendment was created. The Fourth Amendment has gone through many challenges and controversies in the past, and currently the issue of how the Fourth Amendment applies to students in public schools has come to be contended in the courts. While it is

An adolescent named Savana Redding was in her math class when she was asked to go to the principal’s office. Redding was then question about the items in a planner which she stated did not belong to her. She was later questioned about the four white prescription-strength ibuprofen 400-mg pills and one over-the-counter blue naproxen 200-mg pill, all used for pain and inflammation but banned under school rules without advance permission. The principal asked Redding if she knew about the pills that were discovered and she answered no. The principal then disclosed to Redding that he was told that she was disbursing the pills to fellow students to which she denied. To prove her innocence she allowed the principal to search her belongings. The principal

In the case of Vernonia v. Acton the fourth amendment is involved. The fourth amendment states that all people should be secure in their persons, houses, papers and effects against unreasonable searches and seizures. The Vernonia School District found that student athletes were participating in drug use after an official investigation, because of this they began requiring random drug testing for the students to participate in school sports. A student at the school, James Acton, and his parents did not consent to the random testing so he was not allowed to participate in football. Because he was not allowed, it was questioned if random drug testing of the student athletes violated the reasonable search and seizure clause of the fourth amendment.

The case was argued to the U.S. Supreme Court on March 28, 1995. The court noted that the Fourth Amendment, which forbids unreasonable searches and seizures, was extended via the Fourteenth Amendment to cover searches and seizures by state officers, including those at public schools. Since the collection and testing of urine under the school policy was a search and thus subject to the Fourth Amendment, the Court decided a reasonableness test would be required. As a result, the court stated that while school officials are technically agents of the state, because of their custodial relationship with their students, the school faculty have authority to act in-loco-parentis to make sure the children they are responsible for are kept safe. The court

The case of New Jersey vs T.L.O was a resultant case of a search conducted by the then assistant vice principal- Theodore Choplick at Piscataway township high school with two freshmen girls -T.L.O inclusive, after a teacher had caught them smoking cigarettes in the bathroom. The first girl had admitted to the offense, however, T.L.O denied this. This prompted Theodore to demand to search her purse where he found implicating evidence. In short, she was expelled and fined for 1000 USD. This led to a court case with an intent on proving that the school had violated the Fourth Amendment since the school was a Governmental organization. The Fourth Amendment states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,

Citizens in America are born with a various amount of rights. One of these rights include the freedom of speech and expression. However, school administrators have the ability to restrict a student’s expression. The Supreme Court Cases ‘Bethel School District v. Fraser’ and ‘Frederick V. Morse’ gave schools the right for the administrators to discipline children when they see fit. Students should be able to express themselves in any way without fearing that their school administrators will discipline

In recent years, schools have been increasingly subjected to weaponry, drugs, and violence. School officials are seeking ways to help maintain a safe environment for their students. The increase of violence has led to many cases of controversy over students’ Fourth Amendment rights. The Fourth Amendment prohibits unreasonable searches and seizures and requires a warrant to be presented and supported by probable cause. The problem with this is that requiring school officials to bring in police and for them to obtain a warrant takes time, time that these people do not have. If there is a threat that a student may possess drugs, the administration of the school needs to take immediate action in order to maintain a safe environment. Schools should be able to take any necessary action in order to keep other students safe, but should also have guidelines they must follow in extreme cases, such as strip searches.

A. Rule: The court case of T.L.O. also establishes a more compassionate standard of what they review as a “reasonable suspicion”, in what goes on to determine whether or not the lawfulness of the search was in the school policy or follows district policy too. To lead reasonable suspicion can sum up and equalized,when it leans toward a lessen of any chance of finding evidence of wrongful behavior in a student or individual. Of all the information Wilson acquired from the Faculty and other questionable sources from students, Marissa’s statement of the pills came from Savannah that lead was sufficient in justification of a search upon Savannah’s backpack. In addition the Savannah’s outer clothing. Savannah reasoning could be possibly was reckoning of carrying the tylenol. The disgraceful strip search and seizure that ultimately exposed her private areas to some degree.The content of this belief failed to match the degree of intrusiveness she was getting from the school. Nothing was led to suggested the amount and quantity of the drugs, could appeal to pose a real danger to any of the students or to that of Savannah in carrying pills in her underwear or in bra.School officials are allowed and can search any students belongings and lockers. They are entitled to qualified immunity where it clearly states and establishes as qualified immunity and established

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

New Jersey v. T.L.O. was an important case concerning the rights of the accused and had to do with the exclusionary rule. This case furthered the knowledge of the exclusionary rule that is mentioned in the Fourth Amendment. It was decided that the exclusionary rule applies to searches and seizures that occur at school by the officials.

The intent of the Fourth Amendment is to guarantee security against unreasonable governmental searches. Because school officials are actually

Regardless of the possibility of students having illicit substances on campus, the 4th Amendment should apply to students because students could have embarrassing items in their bag. If a student was coming in from being off campus, they could have their bag searched by an adult in the school if they suspected they were carrying illegal items. However, if the student had personal items in their backpack and were embarrassed about them in any way, having a person dig through their bag to look for illicit substances that they would most likely not possess in the first place would cause the student mental strain and a possible loss of trust in the adult carrying out the search and others in the school that didn’t challenge the validity of the search. In the court case of Safford Unified School District, the administrators of Safford Middle School strip searched a thirteen year old girl. The administrators were informed that she was in the possession of prescription strength ibuprofen and had given some to another student. The school was not provided a specific time or location that this had occurred. They had no evidence besides the word of another student that she possessed the pills, and therefore the search was unreasonable. More importantly, there was no reason for the school authorities to strip search a thirteen year old girl and cause her and her mother emotional trauma, especially not for alleged non-specific possession of an amount of ibuprofen equivalent to two Advil

belongings without any reason necessary? In schools all over the country, students get wrongly accused of breaking rules or committing crimes. They must have their belongings or lockers searched to make sure that they are innocent, whether anyone has evidence or not. A 14-year-old freshman at Piscataway high school was caught smoking in the bathroom. The principle searched her purse, which the student said violated her Fourth Amendment protection. The Fourth Amendment is against “unreasonable searches and seizures.” Student privacy rights at school are necessary because it keeps personal information private, prevents other violations, and gives students the privacy they need.