Should your fourth amendment rights apply at school and to what extent?
In the case of T.L.O vs New Jersey a girl at Piscataway high school in New Jersey was accused of smoking weed in the bathroom with her friend. When a teacher busted them her friend admitted to it. But the one 14 year old freshman denied it, she was subsequently brought to the principals office. The assistant principal searched her purse by opening it and found cigarettes, a little weed and a paper containing her client for her weed dealing operation. Subsequently she was arrested and charged with possession of weed with intent. The girl sued saying the evidence was inadmissible because it was illegally seized like Mapp vs Ohio. She claimed that her fourth amendment rights against unreasonable searches and seizures was violated. The New Jersey juvenile court charged her and sentenced her to one year of probation. The girl appealed and lost in the New Jersey superior court. Then she appealed to the New Jersey supreme court. There the girl got the court to agree that her rights were violated and that the evidence should be repressed. "New Jersey" then appealed to the United States supreme court where they won on the grounds that the search was reasonable. The Supreme court also said that students 4th amendment rights on school grounds are limited because they concluded that school officials have authority over students. The Majority opinion was that students had a legitimate reason to keep there stuff immune from searched when they were carrying legitimate items. Despite this they concluded that the school and the police had a reasonable probable cause to search her purse. Which means that school officials do not require a warrant for searching a student on school grounds because your fourth amendment rights are outweighed by the schools obligation to maintain a safe environment. With that being said they affirmed the girls conviction and established a stature limiting students 4th amendment rights on school grounds.
I think that students' fourth amendment rights should not be limited just because they are on campus. To me, the very fact that the girl's purse was seized and searched seems very wrong, and frankly unconstitutional. The fact that she was accused of smoking weed in the bathroom with her friend without hard evidence, suggests that her rights were indeed violated.
ReplyDeletethere was hard evidence the teacher saw them smoking there.
Deletethere was hard evidence the teacher saw them smoking there.
Deletei also think that just because were on school campus, it doesn't mean that students 4th amendment should be limited. i understand that were on school grounds and as long as we're there, they are in charge of us in what we do on school property, however I don't think the school should check our bags without a warrant. Though yes we are in school property I think that students have that right of the 4th amendment too. Though I get why the school would want to check students backpacks since now we live in a different era in where there has been a significant amount of school shootings, the school doesn't know anymore what students are capable of.
ReplyDeleteI agree in the fact that just because the kids were on a school campus, it does not mean that their 4th amendment has a limit. Checking a bag seems like an invasion of privacy. If the students seems suspicious in the fact that they could be a threat to the school, then I think that they should be able to be searched. However, if they are smoking, they are not really harming the school therefore I think that the principle was wrong in checking her bag
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