Analysis Of The Supreme Court Case Of TLO V. New Jersey

Improved Essays
When the privacy of students comes into question there are mixed responses, especially when it comes to the contents of a student’s bag. From the landmark supreme court case TLO v. New Jersey, the privacy students have in school has inevitably come into question. Whether TLO or New Jersey was right, this court case changed the way we look at students and their privacy. Some may argue that students have no privacy in school while others may think they have too much. Has the Supreme Court already decided where they stand on this hot button topic? In the 1980’s, TLO, a fourteen year old New Jersey student and her friend were caught smoking inside a school bathroom, and subsequently taken to the principal’s office where they were questioned. TLO’s friend admitted to smoking while TLO stood firmly and denied the act altogether. The assistant principal wanted to search TLO’s bag and in doing so, found rolling papers and a pack of cigarettes. This case quickly became iconic, eventually making …show more content…
It is clear the evolution that the fourth amendment has carried throughout the years. In the court case regarding TLO v. New Jersey, the girl thought her rights were violated, but she just broke the rules and a search was conducted. In the case where the boys phone was confiscated and searched is an example of some loopholes that the fourth amendment has in schools. In certain circumstances you have to use the judgment that got you the job and take it from there. The school that the child attends will never be looked at the same by its students, based on the fact that the students cannot trust the school system. 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

Related Documents

  • Improved Essays

    Case name: Rankin v. McPherson, 483 U.S. 378 (1987) Facts: Ardith McPherson was appointed a deputy in the Constable’s office of Harris County, Texas, on January 12, 1981. Her duties were only clerical. On March 30, 1981, McPherson discussed with her boyfriend, and fellow employee, a report about an attempt to assassinate the President of the United States. She made the remark “If they go for him again, I hope they get him”. Her remark was reported to Constable Rankin, who fired McPherson, even though she told him she did not mean anything by it.…

    • 983 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    A teacher had caught T.L.O (Her name was never addressed due to her age) and another girl smoking in the restroom. At the age of fourteen not only was this not allowed on the school grounds but is also illegal. She was escorted to the principals office where she swore she didn't have cigarettes and that she had never even smoked before. The assistant vice principal began to search her bag where he found cigarettes and a lighter, though he had already found the evidence he continued to search the bag, uncovering Marijuana, rolling papers, a large amount of cash in single dollar bills and an index card with the name of students who owed her certain amounts of money.…

    • 456 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    State V. Evans Case Study

    • 774 Words
    • 4 Pages

    In the case of State v. Evans, 671 N.W.2d 720, (2003). , we see the distress of the victim that suffered from both harassment and stalking from her predator for a period that span more than three years (Brody and Acker, 2010). The harassment aspect that Hubert Evans summited the victim, Rebecca Arnold, to started out at a very slow rate with it become more intense and leading to stalking over years leading to the arrest of Mr. Evans and criminal conviction for harassment and stalking (Brody and Acker, 2010). The criminal charges were heard by a judge and jury where Mr. Evans gained a criminal conviction for the charges that he faced in the trial. The criminal conviction of Mr. Evans lead to his appeal to the State of Iowa Appeals court to evaluate the case as it relates to the state statute for harassment and stalking (Brody and Acker, 2010).…

    • 774 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    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…

    • 157 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    T.L.O. History This case began on March 7, 1980, in Piscataway, NJ, when a teacher discovered two students smoking in their highschool bathroom. The teacher then took the students to the principal's office, where a school administrator, Theodore Choplick, questioned them. One girl confessed to smoking in the bathroom, however the other, known as T.L.O., did not. Choplick believed that she was lying and demanded to search her purse. While conducting this search he found the cigarettes, but also discovered other items that were now in plain view.…

    • 1103 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Redding taught me a lot about my profession. This case taught me about what a school district can and cannot due when looking for drugs in student’s belongings and on them. This case taught me that there is a limitation with children and young adults when conducting searches. This case allowed me to see mistakes in which schools have made and how not to make those mistakes again in today’s world. This is especially important due to the fact that drug rates in young children have grown over the years, and affects much younger children in today’s society.…

    • 937 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    T. L. O. Case Study

    • 591 Words
    • 3 Pages

    By law, school officials need to obtain a warrant before searching…

    • 591 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    and it was found that Connecticut?s statue was indeed unconstitutional (Chicago-Kent Law, 2015). Justice Douglas, author of the majority opinion of the court, concluded that the Constitution does grant the right to privacy through the penumbras established by the 1st, 3rd, 4th, 5th and 9th Amendments. Justice Goldberg wrote the concurring opinion joined by Justice Harlan and Justice White. They believed that the relevant statue violated the Due Process clause of the 14th Amendment. The dissenting opinion came from Mr. Justice Black joined by Mr. Justice Stewart who both believed that the citizens of Connecticut should be aware of their rights under the ninth and tenth Amendments in order to convince their state representatives to repeal the law if it does not abide with their community standards ("Griswold v. Connecticut (B)," 2015) and (?…

    • 1071 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Supreme Court Case Study

    • 945 Words
    • 4 Pages

    Court Case Review Throughout the years the United States government has been faced with several discussions. Some of these have become very important throughout history and have left a significate impact on society. These cases range from birth control privacy rights to equality. Among these cases are Griswold V. Connecticut, Baze V. Rees, and Brown V. Board of Education.…

    • 945 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Texas vs. Johnson (An analysis of the supreme court case Texas vs. Johnson and the current repercussions of the decision) The first amendment protects many of our basic rights such as freedom of speech, freedom of religion, freedom of the press, etc. The framers of our constitution left a broad wording to leave room for our country to grow and change as time went on. One of the adjustments our country has made over time is to define the actions and words protected under the freedom of speech. There are three basic categories of free speech; pure speech, is communication only through words, speech plus is speech plus an aid such as a sign or a chant, and symbolic speech, an action that communicates meaning without the use of words.…

    • 1129 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    T. L. O. Case Essay

    • 750 Words
    • 3 Pages

    What would a normal student do if their vice principal called them to the office, took their bags, and searched through them thoroughly ,without the student’s permission? This, normally, is thought of as being wrong. Americans would not normally think of this as being okay. And yet this case has been brought to the Supreme Court of America.…

    • 750 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    The 4th Amendment relates to juvenile proceedings and adult proceedings because it gives each of them juveniles and adults safekeeping from an illegal search and seizure. This means that evidence collected in contradiction of them must be done so in a way, which is reinforced by the law. This promises them a right to their privacy. The 5th Amendment guards both a juvenile as well as an adult from incriminating themselves.…

    • 133 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    Moot Court Case

    • 1647 Words
    • 7 Pages

    DAVID FALLSBAUER’S RIGHTS UNDER THE FOURTH AMENDMENT WERE VIOLATED BY THE POLICE OFFICERS, BECAUSE WHEN FACED WITH AMBIGUITY REGARDING THE A THIRD PARTY’S CONSENT TO SEARCH THEY FAILED TO MAKE A FURTHER INQUIRY. BY DOING SO, THE OFFICERS VIOLATED DAVID’S RIGHT TO PRIVACY. The primary question before this Court is whether police officers must make a further inquiry when faced with an ambiguity regarding a third party’s consent to search. The Federal Circuit Courts of Appeals have taken different views when deciding the actions a police officer must take when faced with an ambiguity pertaining to third party consent. It is crucial to our society that a person’s right to privacy is protected and able to be exercised.…

    • 1647 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Essay On Fourth Amendment

    • 726 Words
    • 3 Pages

    The fourth amendment is important to all Americans and it is one of the most important amendments. The fourth amendment is important because it protects Americans from unreasonable search and seizure. “To protect Americans from the government invading our privacy and looking through our things, then finding evidence that might be used against us to convict Americans of crimes, the colonials put in the fourth amendment to free Americans from unreasonable searches and seizures.” (“Fourth Amendment with English captions”) The Fourth Amendment is: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the…

    • 726 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Schools should have a limit because there has been a lot of cyberbully, stress issues, and there will not be learning disruption in class. It can relate to the issue is the New Jersey v. T.L.O. case from 1985 because by creating a limit to students online speech can prevent issues like selling drugs, disrupting of learning. In the New Jersey v. T.L.O. case was about a T.L.O. was a 14 year freshman at Piscataway High School in New Jersey was caught smoking in the bathroom and The teacher question her and asked her to show her the purse. There was a pack of cigarettes, small amount of marijuana and the school called the police because Terry was admitted selling drugs in school. Terry went to court and she was found guilty of having marijuana and Terry said that the search of her purse was a violation to her Fourth Amendment protection against unreasonable searches and seizures.…

    • 1016 Words
    • 5 Pages
    Improved Essays