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New Jersey V. Tlo Case Study

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It was 1985 in Piscataway, New Jersey when the incident occurred. Two Piscataway high school freshman had the idea to take a break from school and smoke cigarettes in the girls bathroom. Upon smoking the cigarettes a teacher came in the bathroom and caught them. The teacher then brought them to the vice principal’s office because they violated the school's rules. The first girl admitted to smoking, but TLO claimed she did not smoke. The court used the codename TLO because at the time TLO was just a minor and they couldn't use her real name , however her real name is Tracy Odem. When she got to principal's office he asked TLO again if she smoked. “In response to the Assistant Vice Principal's questioning, denied that she had been smoking and …show more content…
T.L.O. the main issue in question is if the 4th Amendment rights of a minor were violated by school staff, if school authorities have the right to search students on campus. The school official stated that he had ‘probable cause’ to search the minor’s purse given the incident, leading to him finding cigarettes inside the purse. The school administrator then used the defense of in ‘plain view’ to justify searching the rest of the purse after finding cigarettes to find marijuana and rolling paper. TLO then used the defense in the court systems of her 4th Amendment rights being violated, TLO then stating that they had no right to go through her personal belongings located in her purse. In the Juvenile Court it was found that the administrator was not violating TLOs 4th Amendment rights, however when appealed to the New Jersey Supreme Court it was found that the evidence was gathered in violation of the students 4th Amendment rights. Due to the violation of the 4th Amendment “the [New Jersey] supreme court reversed the decisions of the lower courts and granted Respondent's motion to suppress the evidence” essentially throwing out the case against TLO (BankHead, M.). Immediately following this ruling the state of New Jersey appealed to the Supreme Court of the United

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