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TLO Vs. New Jersey: When Is The Constitution Invalid?

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TLO vs. New Jersey: When Is The Constitution Invalid?

    In the case of New Jersey vs. TLO, I rule in favor of the petitioner,
the state of New Jersey. In this case, I found no reason in the claims made by
TLO and her defense. They claimed that the search conducted by school officials
was unconstitutional. These officials were searching her purse for cigarettes,
which she was caught smoking in the bathroom. During the search for the
cigarettes they found the cigarettes, rolling papers used for making joints, a
list of names with quantities of money owed to TLO, and finally a bag of
marijuana. TLO says that she cannot be tried for any of these offenses, because
she was violated of her rights promised in amendment 4, unlawful search and
seizure. Yet, the incriminating items were found at the same time as the
cigarettes, and given reasonable cause for suspicion, the school does have the
legal right to search its students, and finally, the school officials had the
right to search her purse because there was a reasonable doubt of her claiming
to innocence being true.

    TLO's 4th amendment rights were however, in fact not violated due to the
reasonable cause and suspicion of her smoking, so the search was truly
reasonable. And there is the fact that the teacher caught her smoking.
Obviously it is the teacher's responsibility to take the student to the
principal for suspension or other means of punishment. When TLO was asked
whether or not she had been smoking, she said no...

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Submitted by: 123student
Date Submitted: 07-31-1998
Category: Law
Words: 480
Pages: 1.92