4th Amendment. Search and Seizure.

New Jersey v. T.L.O. (1985)
Issue: Privacy Rights at School
Bottom Line: Your Belongings Can Be Searched, But Not Arbitrarily

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 (principal looking in bag) of her purse violated her Fourth Amendment protection against “unreasonable searches and seizures (taking)” 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.

30 thoughts on “4th Amendment. Search and Seizure.

  1. Yes.The principal had the right to search her bag, because she had to check if she had any more illegal items in her bag. If there was, then it would be right to report.

  2. I think the principal had the right to search Terry’s bag because she is in high school and she is selling drugs and smoking. There is a law stating that you have to be 18 years old to smoke and take drugs. Most freshman are not 18 years old. That’s why I think the principal had the right to search Terry’s bag.

  3. I think the principal should have checked the bag because if she had cigarettes she could of had other bad stuff and she did. So I think Terry should be guilty.

  4. I think that she needs to have a punishment.
    You have to be eighteen to smoke and have illegal drugs and Terry was only fourteen.
    She was also selling drugs which is against the law!
    So in conclusion I think she needs a big punishment that will teach her lesson to stop doing this until she’s eighteen
    I think she should stop smoking, cause it’s bad for you.
    DONT DO DRUGS KIDS.

  5. I think the principal had the right to search the girl’s bag because the principal is in charge and she thought one of her students were smoking.

  6. I think Terry was wrong to use drugs but was right that they needed a warrent to search her bag according to amendment 4.

  7. I think the principal had the right because the police were involved and they work for the government so they are a higher authority than Terry. Also Terry had illegal drugs and cigarettes which are very bad.

  8. Yes. She has the right because you need a valid reason to search anything that belongs to somebody else. Also she did it calmly and had no physical violence. This is why she had the right to search her bag.

  9. I think that the school principal had the right to search the students bags because someone smoked on school property.

  10. I think that the Principal had the right to search her property and bag because she was smoking in school property and she had illegal drugs. It is also against the law to smoke on school property!

  11. Yes because you wont to no if she is do some thing else beside smoking and so they now she was actually smoking or not that is why i think they had the right to look thorw her bag

  12. I agree with the principal that she had the right to search Terry’s bag because it is illegal to smoke in school also I think Terry just doesn’t want to get in trouble so she tries to make the principal not search her purse.

  13. I think the principal had the right to search the bag because teachers and principals should know what students are doing so they can’t end up being really bad and also since the cops got involved then they would have the right due to higher authority. The girl would get in trouble anyway because having illegal drugs would get you a warrant so that would mean the cops can get searched.

  14. i agree with the principle it does not really matter if you violate the 4th amendment when your doing somthing illagle.

  15. i think that terry should have been found guilty but, i also think that the principal shouldn’t have looked threw her purse because if you find something that helps you find them guilty then don’t have a permit it is like you never found it the first place. so i do think that the principal was violating the third amendment for those reasons.

  16. i think the princabe had the right to search terrys purse because she could of had something dangeros in the purse that could hurt somebody

  17. The school did not have permission to search because the fourth amendment states the person searching needs permission to search any property. The school did not have a warrent to search Terry’s bag.

  18. Yes I think the principal had the right to check the girls purse
    because she had a reason to be able to check the purse because the principal new that something was wrong so i think she had the right to check the girls purse.

  19. I don’t think the principal had the right to search Terry’s bag because it was his/her property and it didn’t belong to them it’s not just like any teacher can come up to you and say give me your bag i need to see what in it it’s your property so they shouldn’t be touching it.

  20. I think the school had the right to search the students bag because there is always a chance a student could have a very dangerous weapon or something illegal in there just like she had jrugs.Another reason is she got caught smocking in school so they were not sure if she had something else.

  21. yes she had the right because he could be giving little kids that stuff so the principal was aloud to look to see what he had in the purse that is my decision

  22. I think that it was wrong of the school to go through her property because in the 4th amendment it gives u the right not for people to go through your stuff. And it is your choice to do things other people dont do…

  23. I think that the teacher did have the right to search in the students bag. I say this because she was smoking. Although the 4th amendment is search and seizure i think she did have the right to check in her bag because you are not allowed to smoke in school.

  24. i agree with teddy because the principal didn’t have a warren so she has no right to look through her purse her purse is her property and without a warren you can no look through peoples stuff

  25. I think the principal violated “Terry’s” constitutional rights because the principal searched Terry’s bag without a warrant.

  26. I think that the principal didn’t have the right to look inside her purse. The principal didn’t have the right to do that because the principal didn’t have permission by the parents or Terry.

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