Do students have the same 4th amendment rights that adults have while attending school? While a student is on school property what rights do school officials have pertaining to the 4th amendment? Prior to New Jersey v. T.L.O the answers to these questions were unclear.
T.L.O was found smoking in the restroom at her New Jersey high school. The teacher who found T.L.O turned her into administration. T.L.O would not admit to smoking in the restroom therefore, the administrator searched T.L.O’s purse where he found a pack of cigarettes, cigarette rolling paper, a plastic bag containing a grass like substance, a pipe, money, a piece of paper that appeared to be a list of money owed to T.L.O, and a letter that implied T.L.O was dealing marijuana. The administrator turned over all evidence obtained during the search to the police.
The state brought delinquency charges against T.L.O based on the evidence that was collected …show more content…
This court case gave the students the right to reasonableness when being searched, but it gave the school officials the right to make warrantless searches if that reasonableness was suspected. This meant that probable cause was not needed to perform a search on a student’s property while attending school. In light of recent events that occur in schools across the country it is far better to err on the side of caution than to miss the opportunity to prevent a crisis situation from happening. New Jersey v T.L.O was about drugs and drug paraphernalia but in today’s society it could mean finding a weapon in a student’s backpack. If school officials had to obtain a warrant to search a student’s property, the student would have the opportunity to remove the evidence at question. Even worse it would give the student the necessary time needed to carry out a planned