New+Jersey+v.+T.L.O.

= __NEW JERSEY v. T.L.O.__ XD = = By: Nicole Underwood and Eva Spath = = = Fourteen year old, TLO was found by a teacher in her high school bathroom smoking. After questioning TLO, the pricipal searched her purse even though she refused she had been smoking. The principal found a bag of marijuana, rolling paper, and other drug paraphenalia. He also found a list of students that owed TLO money and a large supply of cash in her purse. The major question involved in this case is whether the search violated her 4th amendment rights or not. The 4th amendment prohibits unreasonable searches and seizures.

__MAJOR QUESTION__: Did the search violate TLO's 4th Amendment rights? __DECISION__: No, the search did not violate the 4th Amendment. __REASONING:__ Because the search was preformed on school grounds, the Court abandoned its requirement that searches be preformed only when a "probable cause" exists. Instead they used a less strict "reasonableness" to conclude that the search did not violate the Constitution. They also concluded that because the principal found the rolling papers first, that gave rise to a reasonable suspicion that she may have been carrying drugs. __IMPACT OF THE DECISION ON SOCIETY:__ Students at various schools will probably have different views of the case. Some will probably think the principal had no right to search her purse. Others will think the pricipal had a good reason to search her purse and they don't care if he violated TLO's rights because the principal found drugs. __DISSENTING ARGUMENT:__ The search violated TLO's 4th Amendment rights because they didn't use "probable cause" to evaluate the case. They used the less strict "reasonableness." The principal did not have the right to search her purse.

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