Search and seizure in schools: Lawful or not?

Search and seizure in schools: Lawful or not?

Logan Hart, Staff Writer

              Search and Seizure in Schools:                                                                                                                                                                                                                                                                                                                                                                                     Lawful or Not?

 

In 1985, there was a case taken to the Supreme Court named after a student whom was preferred to be named T.L.O. The case was against the schools in New Jersey for illegal search and seizure after T.L.O was caught selling Marijuana and had admitted to it. They then searched her bags and found a stack of money and a paper with a list of people who owed her money, leading to this case.

I do not think this should be lawful because searching someone’s bag is a violation of privacy and shouldn’t happen. I wouldn’t want that to happen to me, even if I didn’t have anything suspicious, I still wouldn’t agree with a search. But also if the parents have the details on the case and give the ok for law enforcement or a teacher to search a kids belongings then I feel they should be able to then.

This doesn’t apply to the ruling, because according to the court, teachers act as officials of the state and are given the authority to do things as a cop would do things. Also according to the court, it doesn’t violate the 4th amendment rights due to “reasonable suspicion.” Here’s the 4th amendment: ( 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.)  

When brought to the court, the court ruled in the state’s favor in a 6-3 decision.  According to federal school laws put in place by the government, once you enter a school your rights are lifted and the school is in charge of your actions, therefore some elements of the constitution don’t apply.

All in all this court case has helped us learn about what really goes on in schools due to student rights. The schools can do what they want with many things with leniency on their side because they are given cop privileges. T.L.O gave the reasonable suspicion needed to face the repercussions for her actions, but most of the time your rights aren’t violated as long as you follow the rules.