“Administrators do not need a search warrant or probable cause before conducting a search because the students have a reduced expectation of privacy while on school grounds.” said the U.S Supreme Court during the T.L.O Vs New Jersey case.  Yet controversy was sparked, after the 14-year-old student was searched after found smoking a cigarette in the girls bathroom.

Can students belongings be searched in school? The Fourth Amendment states the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. But does T.L.O’s bag search violate a students rights? Well, T.L.O, a school is a government run facility. And if your doing something you shouldn’t be in the school, under their rules, then you are subject to search.

After being caught smoking in the girls bathroom, T.L.O was subject to a further search of her belongings. The vice principal searched her bag and found a small amount of marijuana and rolling papers, she was then accused of selling marijuana when a list was found stating who had owed her money.

T.L.O argued that her Fourth Amendment rights against unreasonable search and seizures had been violated by the school. The school had no reason to search her bag according to T.L.O. She was caught doing something she shouldn’t have but she should have received punishment for that specific action, not for the marijuana because they wouldn’t have found the marijuana. According to Landmark Cases of the U.S Supreme Court, the New Jersey Supreme Court ruled it, a reasonable search.

T.L.O then went to the Supreme Court. It was in 1984 and according to the United States Courts New Jersey V. T.L.O Podcast,  the Supreme Court ruled that New Jersey and the school had met a reasonable search, greatly strengthening the fact that when you enter a school you leave some of your rights at the door.

Terry may have felt that the school should have only tossed her cigarette and called it a day. Which could have been the case if the school had decided to do that. They may have also tagged on a fine or even suspension.

Yet, there is no excuse to smoking in the school bathroom. And if the school felt the need to see T.L.O’s belongings on THEIR property, they have the right to do so. School administrators are trained to discipline kids to prepare them for the real world.

If T.L.O was caught smoking at her job in the future, then she would have been fired. Hopefully from this instance, T.L.O was able to learn from her mistake and not interfere with the school learning environment.