Topic 5

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After reading the cases I noticed that some cases vary depending on the severity of the case. I was able to read the case New Jersey v.T.L.O, where the 14-year-old purse was searched without her consent, and marijuana, and drug paraphernalia, including a pipe and a lot of money. Prior to the search, her friend confessed that she was smoking cigarettes but T.LO. denied it. So the administrator searched her purse and found those items. Her lawyer said that the school violated her Fourth Amendment right. However, the court ruled that " The Fourth Amendment applies to searches carried out by school officials, but a school official may conduct a search of a student's person under certain circumstances. Specifically, the Juvenile Court held that a school official may search a student if the official has reasonable suspicion that a crime has been or is in the process of being committed, or has reasonable cause to believe the search is necessary to maintain school discipline or enforce policies"( United States Courts,(n.d.). Compared to the case of Safford Unified School District#1v. Redding,57 U.s.364(2009), I believe that the school took this too far and this clearly violated the student's 4th amendment right. I think that the T.L.O case was a violation of the fourth amendment but I assume the school has a " reasonable suspicion". In my classroom, there were three kids who were suspected to have vapes and "gummies". I was not allowed to search their backpacks, clothing, body, or locker. The safety officers were able to conduct the search they actually found the items on them. However, if at a point in my life where I have to conduct a search, I would speak to an administrator and explain my "reasonable suspicion". I would make sure that I speak to the student in a calm manner and respect the student's property. I would explain to the student that my job is to make sure that everyone is safe including the student. If the student allows me to search his or her belongings I would do it, if not, I would have to report what I suspect to the administrator.
Reference United States Courts.(n.d.). Facts and case summary for New Jersey v. T.L.O. (1985). Retrived July 25, 2023. from https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-su mmary-new-jersey-v-tlo
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