TLO Vs. New Jersey Essay, Research Paper
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.
The school officials then had a reasonable doubt, and they now had by
all legal means the right to search TLO for evidence that she had been smoking.
The search of her purse, if she had been innocent, would have proved her
innocent, or guilty if she actually was guilty. The search was conducted
privately, and was by no means humiliating to TLO.
Finally the officials did search TLO’s purse for any kind of evidence,
to prove her innocent, or guilty. They, in the process of the search, found all
the following incriminating items: the cigarettes, rolling papers used for
making joints, a list of names with quantities of money owed to TLO, and a bag
of marijuana. The order in which they were found is still unclear. None the
less all these items were found during the search which was justified by the
suspicion of her smoking.
Due to obvious reason, the search was justified, and thereby proves that
the bringing of this case to the supreme court is illogical, and utterly
senseless. TLO was caught smoking, and with a reasonable doubt, the school
officials searched her purse, in the process of the search, they found
incriminating items, and therefor proved her testimony to be a lie. The school
officials did no violate her 4th amendment, because they had a reasonable doubt.
Finally, now TLO should be dealt her due punishment for her wrongs, and stop
using the constitution to try and elude those punishments.