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New Jersey v. T.L.O.

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New Jersey v. T.L.O. - Page Text Content

S: New Jersey v. T.L.O. (1985)

FC: New Jersey v. T.L.O (1985)

1: Once upon a time at a High School in New Jersey.........

2: Two girls were smoking in the girls restroom. A teacher caught them. Although there were designated areas on campus for smoking, smoking in the restrooms was against the rules. The teacher took the girls to the principal's office.

3: The older girl admitted to smoking. However 14 year old T.L.O denied it, claiming that she didn't smoke at all. Because he did not believe her, Assistant Principal Choplick decided to search her purse. Inside her purse Choplick found a pack of cigarettes. Unfortunately for T.L.O, that was not all that he found .

4: He also found a pack of rolling papers. in his opinion this meant that T.L.O might be using marijuana. He decided to search T.L.O's purse some more. when he did, he found some marijuana, a pipe, and empty plastic bags.He also found dollar bills, a list of students who owed T.L.O money and some letters. The letters showed that T.L.O was selling marijuana.

5: Choplick then called T.L.O's mother and the police. They both came to the school. | Choplick gave the items from the purse to the police. The police asked T.L.O's mother to take her to the police station.

6: At the police station, T.L.O. admitted that she had been selling marijuana at school. As a result of T.L.O.'s confession and the evidence from her purse, the State of New Jersey brought delinquency charges against T.L.O. in the Juvenile and Domestic Relations Court of Middlesex County.

7: In 1983, the Supreme Court of the United States granted the State of New Jersey's petition for certiorari. In 1985, the Court handed down its decision. Questions to Consider: 1.Read the Fourth Amendment to the U.S. Constitution. Using the words of the Amendment, try to make an argument that the search of T.L.O.'s purse was a violation of her Fourth Amendment rights. 2.Try to make an argument that the Fourth Amendment does not apply to students in public schools at all. 3.Under the circumstances outlined above, does the search of T.L.O.'s purse seem "reasonable" to you? Why or why not? 4.What procedures are in place in your school governing searches of students? Could a search like the one in this case happen in your school? 5.How should the Supreme Court of the United States rule in this case?

8: The court ruled against T.L.O. In the words of the majority: . . . Under ordinary circumstances, a search of a student by a teacher or other school official will be "justified at its inception" when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school. . . . Because the search resulting in the discovery of the evidence of marijuana dealing by T.L.O. was reasonable, the New Jersey Supreme Court's decision to exclude that evidence from T.L.O.'s juvenile delinquency proceedings on Fourth Amendment grounds was erroneous.

9: References Photos From: http://etc.usf.edu/clipart/7800/7816/supr_court_7816_lg.gif http://www.policegiftshop.co.uk/SiteData/Default/Products/Images/XL/Wooden_Toy_Police_Station.jpg http://www.fotosearch.com/bthumb/FSP/FSP191/089024.jpg http://crazytownmayor.com/blog/wp-content/uploads/2010/01/Crazy-Town-Frazzled-Mom.png http://www.picturesof.net/_images/A_Pack_Cigarettes_Royalty_Free_Clipart_Picture_100115-130376-916009.jpg http://rlv.zcache.com/police_officer_gestures_with_finger_photosculpture-p153652402947743851qdjh_400.jpg http://solo-dad.com/wp-content/uploads/principal-office.jpg http://105.wikispaces.com/file/view/cool-cartoon-263943.png/34351801/cool-cartoon-263943.png http://all-free-download.com/images/graphiclarge/stylized_dollar_bill_money_clip_art_18576.jpg http://www.teach-nology.com/worksheets/misc/centers/girlsbath.gif Information From: http://www.landmarkcases.org/index.html

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