FREE ESSAY ON NEW JERSEY VS. T.L.O.

NEW JERSEY VS. T.L.O.

Christopher D. Monroe II
New Jersey Vs. T.L.O.
Facts of the Case
On March 7, 1985 T.L.O. and another student were found smoking in the woman's bathroom. 
They were then taken to see the Assistant Principal, Mr. Choplick, and were questioned
about smoking
in the bathroom. Upon further questioning the second student told Mr. Choplick she was
smoking
T.L.O. denied she was smoking and also claimed " I don't smoke at all". Mr. Choplick then
asked if
he could search the purse and T.L.O. complied. Upon first opening the purse a pack of
cigarettes was
found and under it was a pack of rolling papers. In Mr. Choplick's experience rolling
papers are a
prerequisite of marijuana use. Upon further inspection he found a pipe, plastic bags
commonly referred
to as "dime bags", marijuana, a large sum of money, and notes implicating T.L.O. in
marijuana dealing. 
Mr. Choplick then informed T.L.O.'s mother and the police of the offense and then sent in
the
evidence to the police. While in police custody T.L.O. confessed to marijuana dealing.
She was
charged with delinquency. In court T.L.O tried to suppress the evidence by deeming the
evidence
inadmissible because of her 4th amendment rights being disrupted and the confession
inadmissible
because of her 5th amendment rights being violated in conjunction with evidence found.
She was found
guilty and then it was overturned by the New Jersey Supreme Court.
Parts of the Constitution
IV amendment
V amendment
XIV amendment
Precedents
Hudson Vs. Palmer
Brown Vs. Board of Education
South Dakota Vs. Opperman
Arguments
In trying to accomplish the feat of a safe school environment you have to give up some
personal
freedoms. This trial is not about her smoking but about the marijuana found while the
purse was
searched for cigarettes. The search of the purse was reasonable because of the suspicion
of her
smoking in the bathroom. During that search cigarettes were found along with wrapping
papers for
cigarettes or marijuana as mostly used by teenagers. Upon that evidence he searched the
bag
thoroughly in a separate compartment he found marijuana, plastic bags, a large sum of
money, and notes
implicating her in marijuana dealing.