You Commit the Crime You do the Time
...e, empty plastic bags, and a substantial quantity of money in one-dollar bills, and an index card titled, “People who owe me money.” Following the notification of T.L.O.’s mother and the police, the State brought delinquency charges against T.L.O. in the Juvenile and Domestic Relations Court of Middlesex County. T.L.O. argued, however, that the search of her purse violated the Fourth Amendment and, therefore, tried to apply the exclusionary rule requiring the suppression of all evidence seized in violation of the Fourth Amendment. The Juvenile Court contradicted the argument stating: A school official may properly conduct a search…if the official has reasonable suspicion that a crime has been committed, or reasonable cause to believe that the search is necessary to maintain school discipline or enforce school policies. The court declared that Choplick had not violated the Fourth Amendment by searching the purse because he had reason to believe that T.L.O. had broken a school rule. When he immediately spotted not only cigarettes but evidence of drug use as well, he was within boundaries to continue searching the entire purse in order to determine the extent of T.L.O.’s illegal activity. The New Jersey Supreme Court agreed with the lower court that a school official conducting a search without a warrant did not violate the Fourth Amendment if this official “has reasonable grounds to believe that a student possesses evidence of illegal activity or activity that would interfere with school discipline and order.” Ironically, the court did disagree with the Juvenile Court declaring that the search of the purse was unreasonable. It argued that the defendant was accused of violating a school rule. This school rule prohibited smoking on school grounds. It did not, however, prohibit the possession of cigarettes. The court declared that Choplick’s attempt to prove that T.L.O. smoked cigarettes that day by conducting a search of the purse was unjustifiable. The principal saw a problem and managed it to the best of his ability. I rule in favor of Mr. Choplick and his supporting cast. In this case, I found no significant reason in the claims made by T.L.O 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 T.L.O, and finally a bag of marijuana. T.L.O 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. T.L.O'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 T.L.O was asked whether or not she had been smoking, she said no. The school officials then had a reasonable doubt, and the...