T. L. O Vs New Jersey Case Study
New Jersey vs. T.L.O.
The Fourth Amendment states 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, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”. But, does this Amendment apply to students in the public school systems?
The officials at Piscataway High School in Middlesex County, New Jersey, didn’t believe that they were violating the Constitution when Mr. Theodore Choplick searched the purse of T.L.O. She had been caught in the bathroom smoking cigarettes with another girl. Upon searching her purse, Choplick found a package of cigarette rolling papers, a pipe, …show more content…
appealed the case to the appellate division, which found that no violation of the Fourth Amendment had taken place, but returned the case to the juvenile court for a possible Fifth Amendment violation dealing with her confession. T.L.O. appealed the ruling of the appellate division’s ruling on the Fourth Amendment, the case was then sent to the Supreme Court.
The Supreme Court reversed the decision of the appellate district’s ruling and ordered that the evidence found in the purse be suppressed. They found that mere possession of cigarettes was not a violation of school rules. Therefore, Choplick’s search of T.L.O.’s purse was in violation of the Fourth Amendment, so the even more extensive search of the purse was not justified. The cigarette rolling papers and other various items would never have been available as evidence, making the case, as a whole, moot. The Court ruled in favor of New Jersey, by a margin of 6-3.
In the early 1990s this case was used a number of times in the Supreme Court to allow metal detectors and other protective searches in schools. Also, this case was used as a precedent for Bethel School District vs. Fraser in
The Fourth Amendment states 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, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”. But, does this Amendment apply to students in the public school systems?
The officials at Piscataway High School in Middlesex County, New Jersey, didn’t believe that they were violating the Constitution when Mr. Theodore Choplick searched the purse of T.L.O. She had been caught in the bathroom smoking cigarettes with another girl. Upon searching her purse, Choplick found a package of cigarette rolling papers, a pipe, …show more content…
appealed the case to the appellate division, which found that no violation of the Fourth Amendment had taken place, but returned the case to the juvenile court for a possible Fifth Amendment violation dealing with her confession. T.L.O. appealed the ruling of the appellate division’s ruling on the Fourth Amendment, the case was then sent to the Supreme Court.
The Supreme Court reversed the decision of the appellate district’s ruling and ordered that the evidence found in the purse be suppressed. They found that mere possession of cigarettes was not a violation of school rules. Therefore, Choplick’s search of T.L.O.’s purse was in violation of the Fourth Amendment, so the even more extensive search of the purse was not justified. The cigarette rolling papers and other various items would never have been available as evidence, making the case, as a whole, moot. The Court ruled in favor of New Jersey, by a margin of 6-3.
In the early 1990s this case was used a number of times in the Supreme Court to allow metal detectors and other protective searches in schools. Also, this case was used as a precedent for Bethel School District vs. Fraser in