T.L.O. Vs The State of New Jersey Persuasive Essay This is a case about a High School student’s Fourth Amendment rights being violated. 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. Do students have a right to personal privacy when caught breaking school rules?
The case T.L.O. Vs The State of New Jersey is where two High School students were caught smoking cigarettes in the bathroom by a teacher. The teacher took the two girls
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Smoking is allowed on that campus in the designated areas. Bathrooms are not one of those designated areas. One girl admitted to breaking the no smoking rule. TLO was suspected of breaking the no smoking rule as well. Therefore the principal was justified in searching TLO’s possessions because TLO was suspected of breaking the same no smoking rule. While the principal was searching TLO’s purse not only did he find a pack of cigarettes, he also found marijuana rolling papers and a small amount of marijuana. Then the principal thought that TLO had broken a law. The right of school officials to search students states that for student searches officials must have reasonable suspicion. Reasonable suspicion is met when the search is justified at its origin, there are reasonable grounds for suspecting that the search will reveal evidence that the student has violated or is violating the law or school rules. In addition the search is reasonably related in scope to the circumstances that justified the search.
Schools must make the school environment one in which young people can learn and students are safe. School officials need to be enabled to enforce discipline and the upholding of the schools rules. Teachers and principals are acting for the parents of the students. Parents do not need a warrant to search their children. School officials are not the police. They should not have to operate under