Nazia Hanif Crim Pro pd. 5 Motion to Suppress The City of New York vs. L.O.L. TO THE HONORABLE JUDGE OF SAID COURT: Defendant files this Motion to Suppress pursuant to the Fourth Amendments to the United States Constitution.…
The Supreme Court's decision in New Verses versus T.L.O was that the search was legal and that it didn't violate the 4th amendment. The Court also held that school officials need "responsible suspicion" instead of a higher level of "probable cause" and that such a warrant wasn't needed. There should be "responsible suspicion" since students still have some rights at schools, and without a "responsible suspicion", the school officials would be breaking the Fourth Amendment. Yes, the Supreme Court's decision was the correct one because students should have some rights when at school, but if associated with what could lead to a bigger consequence or investigation, the school officials should be able to search and do what they can without a warrant…
Then you see school districts that use probable cause from a “tip” to conduct a search on a student and escalate the issue as it needs to be. Privacy in school will always be debated until action is taken to secure the rights of students…
The exclusionary rule became very specific as to what was excluded and what wasn’t overtime due to certain cases. In Katz v. United States, 1967 abstract items were protected from unreasonable searches and seizures and found objects like waste and garbage are not applied in the fourth amendment (California v. Greenwood, 1988) The biggest concern after this was whether or not this clause also apply to students. Two students in Middlesex County,New Jersey were at their high school and were caught smoking in the restroom by a teacher. T.L.O. (Tracy Lois Odem) and the other student were taken to the principal’s office.…
Question 1: The Constitution and Bill of Rights what did the founders have in mind original intent: constitution was perfect the way it was written, or was it meant to be perfected. The American constitution is a fixed document, because the constitution has only undergone minor changes. As society has been changing, the Constitution’s interpretation has been tweaked and altered to fit today’s situations. The American Constitution and the Bill of Rights drives politics by the way people interpret the constitution.…
Most students carry a purse or backpack, which can be searched at a teacher or administrator’s discretion. In most cases, teachers do not search but rather report their suspicion(s) to an administrator. Now with the mass influx of technology, this decision will also affect students’ use of cell phones and other electronic devices that store information. It will be interesting to see if the decision in this case also applies to going through a student’s personal information, such as messages on a laptop or cell phone. The decision in New Jersey v. T.L.O. still stands that that school administrators don't need to have a search warrant or probable cause before conducting a search because students have a reduced expectation of privacy when in…
The high court said school administrators don't need to have a search warrant or probable cause before conducting a search because students have a reduced expectation of privacy when in school (New Jersey v. T. L. O. Podcast)." In keeping the safety of the school's environment, the Supreme Court tries to balance students' constitutional rights with the rules schooling system has. Currently, the "balance" is leaning more towards the safety and drug policies schools have and against additional constitutional rights students have in the world outside of school. With drugs and gang symbols in public schools across America, searches and seizures of their student property have increased.…
Students all across America are tired of being searched by the administration for no reason whatsoever. They think that if they have no reason to search them or they have done nothing wrong, they should not be searched by anyone. Being searched by administration can affect a student emotionally and mentally. Sometimes students have personal belongings like condoms or pads for female students and when a administrator pulls it out everyone can see it and they will feel embarrassed. Do you think that students should be obligated to get searched?…
The Supreme Court favor the school and said that is legal to do unreasonable searches and seizures, if it is disrupting the learning environment or is found smoking in school environment and the discovery of rolling papers near cigarette in her purse created suspicion that she might have marijuana or if the school has a suspicion, broke a rule, student committed or is committing a…
These new discoveries in technology were not accounted for in the making of the Constitution, thereby creating an increased opportunity for a new amendment to be added, or supporting laws to be created, clearly making privacy a guaranteed right to American citizens. In my personal opinion, I believe the right of privacy given in the Constitution should extend to students’ lockers and cell phones, protected under the Fourth and Fourteenth Amendments, which guarantee the privacy of the Person and possessions, as well as the right to life, liberty, and property. Without reasonable doubt and suspicion that the contents of a student’s locker and/or cell phone contain harmful, dangerous, or illegal contents, students should not have their personal belongings, messages, pictures, and other medias searched or seized. I also believe that schools, along with their districts and states, should have the guidelines and measures for the process of searches and seizures of lockers and cell phones outlined specifically and clearly.…
A popular solution most schools are coming to is installing metal detectors at the entrance of the school in order to monitor what is being…
Schools all across the country will drop the dress code and place a school uniform. The reasons can be pretty simple, like schools want to reduce bullying by taking out those social bonds, or they don’t want to deal with students breaking one of many dress codes. It sounds like a good idea in a perfect world, but it can cause a lot of damage. Your teenage years are when you are supposed to go through your self-expression stage. With school uniforms can restrict many students with the freedom to express themselves.…
School shootings can lead to other violence because of the sadness that was caused by the school shooting. People do not realize that school shootings do not only affect the students who attend that school, but school shootings affect others across America. There are many ways school shooting affect children. Many students may feel anxiety about the events that took place. A lot of people worry that a school shooting or similar events could happen in their school (Brantly 1).…
At least 58% of schools in the United States enforce a strict dress code. School dress codes and uniforms in private and public schools can be both helpful and harmful to students in relation to their learning and social skills. Implementing school dress codes has shown to increase concentration in the classroom due to the lack of extreme clothing or hair styles, less peer pressure since everyone has to wear the same clothes, and an increase in school safety. According to Don Woodard, a high school principal in Johnston county, The students’ “demeanor is better and there are fewer distractions because of teasing, or students being uncomfortable because of the apparel that others are wearing.” But they also say it's unconstitutional because schools are taking away students freedom of expression.…
In many schools, trespassers are a problem and can be difficult to identify in a large school setting. An elementary principal states “If I see some shenanigans in our parking lot with no uniform. I don’t know if they’re our kids. But at this point, if there are kids walking across our campus, I know they’re ours, which address the safety issues”(Jafeth). School safety is the foremost mission in creating the best learning environment.…