The search of a student’s purse at a New Jersey high school was a violation of not only the Fourth Amendment but also her privacy.

In 1985, at a New Jersey high school, a teacher found two teenage girls smoking cigarettes in the bathroom; he then took them to the principal’s office. One of the girls admitted to smoking but the other denied it (known as T.L.O) (New Jersey v. T.L.O, Student Search & Seizure, 1972).

The principal suspected that T.L.O had evidence in her bag so he unwillingly searched her purse and found proof that she was selling drugs at the school. He found a small plastic bag containing marijuana, a pipe, a stack of money, a piece of paper with the names of students who apparently owed T.L.O. money, and a letter that linked to T.L.O. in dealing marijuana (New Jersey v. T.L.O, Student Search & Seizure, 1972).

T.L.O was brought to the police station where she admitted to the allegations of her selling marijuana. Due to the evidence and her confession, the New Jersey police investigators pressed charges against her.

A similar case to T.L.O’s was brought to the U.S. District Court for the District of Arizona in 2009 when a school illegally searched a student’s belongings. A male student reported that another girl, Marissa Glines, had given him a prescription-strength ibuprofen pill. A search of Marissa’s day planner and pockets revealed more of the pills and some weapons. Marissa then announced that the day planner belonged to Savannah, and that Savana had given her the pills. Savana is a 13 year old girl who was then searched. The search included not only her backpack and pockets, but also inside her undergarments. She sued the school district for violating her rights.

“Because there were no reasons to suspect the drugs presented a danger or were concealed in her underwear, we hold that the search did violate the Constitution. In sum, what was missing from the suspected facts that pointed to Savannah was any indication of danger to the students from the power of the drugs or their quantity, and any reason to suppose that Savana was carrying pills in her underwear. We think that the combination of these deficiencies was fatal to finding the search reasonable,” Justice David Souter told the courtroom where Savannah’s case hearing was held.

In the juvenile court district for T.L.O’s case, she argued that her fourth amendment rights were defied. The fourth amendment states rights against unreasonable searches and seizures which had been violated in T.L.O’s case. After an extended appeal process in the New Jersey state court system, the U.S. Supreme Court agreed to hear the case (Facts and case summary for New Jersey v. T.L.O, 1985).

First, the court concluded that the search of her purse was justified. The report from the teacher who found the girls smoking in the bathroom had been a violation of school rules and caused reasonable suspicion that cigarettes or other smoking products were in her possession (Facts and case summary for New Jersey v. T.L.O, 1985).

In a concurrence, Justice Stevens gathered that the search was not necessary because the school officials had no reason to believe that T.L.O’s purse contained evidence of criminal activity or breaking school policy at the time the teacher searched it. Furthermore, he stated that the search was a violation of the Fourth Amendment and the evidence should be restrained (Facts and case summary for New Jersey v. T.L.O, 1985).

T.L.O and Savannah’s court case show that school administration has no right to violate your possessions as well as yourself without probable cause. The strip search by school officials in these cases was not legal. It was unreasonable considering the nature of the offense and the facts behind the situation.

Every student in the world needs to remember that their honorable to the fourth amendment which is the right of 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.

Sources:

http://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-new-jersey-v-tlo
http://landmarkcases.org/en/landmark/cases/new_jersey_v_tlo