New Jersey vs. T.L.O 1985

New Jersey v. T.L.O. (1985)
Issue: Privacy Rights at School

Background
T.L.O. (Terry), a 14-year-old freshman named “Terry” at Piscataway High School in New Jersey, was caught smoking in a school bathroom by a teacher. The principal questioned her and asked to see her purse. Inside was a pack of cigarettes, and a illegal drugs. The police were called and “Terry” admitted selling drugs at school.

Her case went to trial and she was found guilty of possession of illegal drugs and placed on probation. Terry appealed (fought) her conviction (being guilty), claiming that the search of her purse violated her Fourth Amendment protection against “unreasonable searches and seizures” of property.

 

QUESTION

Based upon what you learned about the 4th amendment (search and seizure). Do you believe the school (principal) had the right to search the students property and bag? Explain why your thinking.

16 thoughts on “New Jersey vs. T.L.O 1985

  1. The principal had the right because when the principal saw her with the cigarettes that meant she had more. The girl shouldn’t have done that then it wouldn’t have gone into trial.

  2. yes I think the teacher broke the fourth amendment because he didn’t have a warrant or a probable cause I think the police could of delt with it

  3. In order to go through someone’s bag you must have a warrant or a probable cause a reason why you are allowed. So yes I think the principal had the right to because he/she had a probable.

  4. I think that the school had every right to search through her purse because one no one would know if “Terry” was innocent or guilty so the school/police had every right to search through her purse and two if they didn’t search the purse she could of continued selling drugs and other illegal contraband and lastly she could of influenced other people to do the same thing she did. So this is why I think that the school/police had every right to search through her purse.

  5. I think that the teacher did not have the rights to look in someone else’s property . Also because a teacher can not just come up to you and take you personal property and start looking through it like a rude and nosy person that has no self-respect or any respect for others and their property and belongings. finally because the teacher should not have taken her purse and go through it without Terry’s personal consent.

  6. I think that the school principal did not have the right to search Treys bag because in the 4th amendment it states you must have a warrant given by a judge and a probable cause and he did not have one of this things

  7. yes, the principle did not break the fourth amendment because she had been spotted smoking in the bathroom. the amendment says ” you need to have a probable cause” witch the principal had because if there even a chance she had been smoking she had to be punished.

  8. I think the principal can be able to search her bag because there were drugs and cigarettes so Terry would not sell them to other people.

  9. i think the principal should be able to look thourgh terrys bag becuse if they didnt they whouldnt know if he had the illegal drugs

  10. I think the teacher did have a right to search her bag because if she was smoking there was probably more in her bag so the teacher should be able to search her bag for her safety and in fact she also found illeagel drugs too and was selling them so the teacher had a right to search her bag

  11. I think that even though it was against the fourth amendment I feel like the cops were just trying to see if she was holding anything else that was illegal.

  12. I think the princepal had the right to search the girls property because Terry was doing something illegal but the princapal needs incpection for evidnce so I think it was right.

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