T.l.o

and final part, will look into responses to the problem and recommendations that schools should use when dealing with strip searches. Supreme Court’s Influence The Supreme Court set a precedent on school searches with the case of New Jersey v. T.L.O. In that particular case, a student was observed smoking in the bathroom of the high school. The student denied smoking and upon search of her belongings by the assistant vice principal, a pack of cigarettes were found along with rolling papers.

Abstract The Fourth Amendment has two basic premises. One focuses on the reasonableness of a search and seizure, and the other on warrants. One view is that the two are distinct, while another view is that the second helps explain the first. However, which interpretation is correct is unclear. In addition, law enforcement today differs sharply from the period in which the Constitution 's framers lived. During that period, no organized police forces existed that were even remotely like those of today

a search or a seizure. The student who was called down has had previous records of drug usage, therefore the probability of her telling a lie was very high at this point.”In the case of Safford Unified School District v. Redding—25 years after the T.L.O. case—the Supreme Court found that Savana’s rights had, in fact, been violated and stated that a search by a school must not be "excessively intrusive in light of the age and sex of the student and the nature of the infraction.(Amy E. Feldman).” The

case.     The first side is Reddings side. She believes that her fourth amendment rights were violated when she was stripped searched by her nurse, without any suspicious actions. Reddings was suspected of giving the pill away. This case is just like T.L.O. V. New Jersey they were both accused of selling some type of drug and were both asked to be searched but the difference is Reddings had nothing to hide and allowed them to search her purse and pockets

New Jersey v T.L.O In the case of New Jersey VS TLO, a high school student was held for violating school rules, with possession of smoking and having other illegal belongings on school campus property, and with an argued statement about violating her fourth amendment rights against unreasonable searches. Two Piscataway Township high school freshmen girls were smoking cigarettes in the bathroom, where they were caught by a teacher who had seen them. The teacher walked up with the two girls to the

School officials are given a wide latitude to conduct search and seizures, as compared normal citizens. The 5th Amendment dictates 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” (U.S. Const. amend. IV). Thusly, individuals have a fundamental right to privacy. In normal society law enforcement officers cannot search a person property without a warrant or probable cause, an objective determination

Landmark Supreme Court Cases  Brown v Board of Education (1954)  The Background: In the 1950’s, schools were separated by race. Linda Brown and her sister had to walk down a dangerous railroad switchyard to get to the bus stop to their all-black elementary school. There was an all-white school closer to the Brown’s house, and the Brown family believed that segregated schools violated the Constitution.  The Constitutional Issue: This issue violated the Equal Protection Clause of the Fourteenth

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

unconstitutional for states to have separate public schools for black and white students (Hubbard, 2014). Since 1954, the public school system has had a series of landmark cases which effect educational law such as Tinker v. Des Moines (1969), New Jersey vs. T.L.O. (1985), Hazelwood v. Kuhlmeier (1988), and Individuals with Disabilities Act (1990). The State and Supreme Courts have ruled on everything from Freedom of Speech to Special Education. The public school system has changed drastically over the years

These codes or laws may establish that reasonable suspicion is required prior to conducting a search. In a Pennsylvania case, the state supreme court relied on the T.L.O. decision and the student code in establishing a legitimate expectation of privacy in lockers. The code specified: “Prior to a locker search a student shall be notified and given an opportunity to be present. However, where school authorities have