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First amendment rights in schools
First amendment rights in schools
First amendment rights in schools
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Arleen Gomez
Period 4
ADJU
Criminal Justice Term Paper
Introduction
There have been many juvenile justice cases in the past that serve as precedents in the cases that go through today's juvenile court system. One very important case I will be discussing is New Jersey v. T.L.O. I chose to write about this case because it deals with the rights I have as a student. The argument eventually led to an agreement and understanding of how the Fourth Amendment applies to juvenile students on campus. This case relates to the student population due to the fact that it concerns an individual right and how it applies in a school setting.
The Incident
The argument was brought forward by T.L.O, a fourteen-year-old high school student at Piscataway
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Const. amend. IV). Clearly, in my opinion, T.L.O's 4th amendment right was violated. Her purse was searched without a search warrant and the contents of her purse were still used as evidence by the court. However, The Supreme Court gave understandable reasons as to why the search was …show more content…
if the official has reasonable suspicion that a crime has been or is in the process of being committed" (uscourts.gov). This meant T.L.O's 4th amendment was not in fact violated. The Appellate Division and the New Jersey State Supreme Court agreed that the 4th amendment includes school officials being able to conduct warrantless searches no matter the amount of reasonable doubt. In conclusion, the amount of probable cause does not matter when a school official conducts a warrantless search.
The Justices Involved & Ruling
There was a 6-3 decision vote for New Jersey. The search that ended with T.L.O's marijuana being found was reasonable. The majority opinion included: Warren Burger, Byron White, Harry Blackmun, Lewis Powell F. Jr., William Rehnquist, and Sandra Day O'Connor. The opposing Justices included: Thurgood Marshall, William J Brennan Jr., and John Paul Stevens.
Constitutional Rights in A School
In fact the officer did violate the Amendments; this was determined by the officer only having reasonable suspicion, not probable cause to seize the items under the “plain view” doctrine. His actions were not backed up by the U.S. Constitution.
Three police officers were looking for a bombing suspect at Miss Mapp’s residence they asked her if they could search her house she refused to allow them. Miss Mapp said that they would need a search to enter her house so they left to go retrieve one. The three police officers returned three hours later with a paper that they said was a search warrant and forced their way into her house. During the search they found obscene materials that they could use to arrest her for having in her home. The items were found in the basement during an illegal search and seizure conducted in violation of the Fourth Amendment of the United States Constitution and therefore should not admissible in court.
The Court ruled for the juvenile, stating that his rights to due process were indeed violated according to the Fourteenth Amendment. “The proceedings of the Juvenile Court failed to comply with the Constitution. The Court held that the proceedings for juveniles had to comply with the requirements of the Fourteenth Amendment” (Oyez, n.d.). The Court analyzed the juvenile court's method of handling cases, verifying that, while there are good reasons behind handling juveniles in a different way from adults, adolescents seeking to settling delinquency and detainment cases are qualified for certain procedural safeguards under the Due Process Act of the Fourteenth
The fourth amendment protects people against unreasonable searches and seizures. The police had evidence that DLK was growing marijuana in his house, so they used a thermal imager and found a significant amount of heat. The police took this evidence to a judge who gave them a warrant to search inside DLK’s house for the marijuana and when they did search his house the police found the plants and arrested DLK. The controversy surrounding this case is whether or not it was constitutional for the police to use the thermal imager of DLK’s house without a search warrant. The government did not need a warrant to use a thermal imager on the outside of DLK’s house because once the heat left DLK’s house it was out in public domain, the thermal imager could not see any details within DLK’s house, and the police already had evidence to expect DLK was growing the marijuana plants in his house.
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, 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" (U.S Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
... is one that a reasonable guardian and tutor might undertake.” And he concluded that given the mission of public schools, and the circumstances of this case, the searches required by the school board's policy were “reasonable” and thereby permissible under the Constitution's 4th Amendment.
The Supreme Court had to decide on the question of, does random drug testing of high school athletes violate the reasonable search and seizure clause of the Fourth Amendment? According to the Fourth 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.
To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures. A search conducted by the government exists when the area or person being searched would reasonably have an expectation of privacy. A seizure takes place when the government takes a person or property into custody based on belief a criminal law was violated. If a search or seizure is deemed unreasonable, than any evidence obtained during that search and seizure can be omitted from court under
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case.
In the Supreme Court Case New Jersey v. T.L.O, it was argued that an Assistant Vice Principal broke a student’s Fourth Amendment rights when searching through her belongings. In nineteen-eighty, two students were found smoking cigarettes in the restroom. This violated the New Jersey school’s policies, so the two teenage girls were taken to the Principal’s office. The one girl admitted to smoking the cigarettes, but the other denied participating. She was brought into the Assistant Vice Principal’s office where he searched her purse. He found a box of cigarettes and rolling papers. She was reported to the authorities for dealing marijuana based off of the rolling papers found inside her purse. After confessing to selling the illegal substance,
Vito, Gennaro F., and Clifford E. Simonsen. Juvenile justice today. 4th ed. Upper Saddle River, N.J.: Pearson/Prentice Hall, 2004. Print.
The problem of dealing with juvenile justice has plagued are country for years, since the establishment of the first juvenile court in 1899. Prior to that development, delinquent juveniles had to be processed through the adult justic3e system which gave much harsher penalties. By 1945, separate juvenile courts existed in every single state. Similar to the adult system, all through most of the 20th century, the juvenile justice system was based upon a medical/rehabilitative representation. The new challenges of the juvenile court were to examine, analyze, and recommend treatment for offenders, not to deliver judgment fault or fix responsibility. The court ran under the policy of “parens patriae” that intended that the state would step in and act as a parent on behalf of a disobedient juvenile. Actions were informal and a juvenile court judge had a vast sum of discretion in the nature of juvenile cases, much like the discretion afforded judges in adult unlawful settings until the 1970s. In line with the early juvenile court’s attitude of shielding youth, juvenile offenders’ position was often in reformatories or instruction schools that were intended, in speculation, to keep them away from the terrible influences of society and to encourage self-control through accurate structure and very unsympathetic discipline. Opposing to the fundamental theory, all through the first part of the century, the places that housed juveniles were frequently unsafe and unhealthy places where the state warehoused delinquent, deserted, and deserted children for unclear periods. Ordinary tribulations included lack of medical care, therapy programs, and even sometimes food. Some very poor circumstances continue even today.
In today's society juveniles are being tried in adult courts, given the death penalty, and sent to prison. Should fourteen-year olds accused of murder or rape automatically be tried as adults? Should six-teen year olds and seven-teen year olds tried in adult courts be forced to serve time in adult prisons, where they are more likely to be sexually assaulted and to become repeat offenders. How much discretion should a judge have in deciding the fate of a juvenile accused of a crime - serious, violent, or otherwise? The juvenile crime rate that was so alarming a few years ago has begun to fall - juvenile felony arrest rates in California have declined by more than forty percent in the last twenty years. While California's juvenile population rose by a half a million since the middle and late 1970's, juveniles made up less than fifth-teen percent of California's felony arrests in 1998, compared to thirty percent in 1978; according to the Justice Policy Institute. The juvenile arrests have dropped back, even as the population of kids between ages of ten and eight-teen has continued to grow, and the number of kids confined in the California Youth Authority (CYA) has fallen. With all the progress our society has made in cutting back in juvenile crimes there is still a very serious problem. But if locking kids up is the best way to address it, how do we explain a drop in crime when there are more teens in California and fewer in custody? First we must look at the economy around us. With so many job opportunities available more and more teenagers find honest ways to keep busy and make money. Our generation has a brighter future than the generation a decade ago. Next we look at successful crime prevention efforts: after-school programs, mentoring, teen outreach programs, truancy abatement, anti-gang programs, family resource centers. There is evidence that these programs are beginning to pay off. Sending more, and younger teens through the adult court system has been a trend across the country in reaction to crimes, such as school shootings and violent rapes. Yet evidence shows that treating youth as adults does not reduce crime. In Florida, where probability wise more kids are tried as adults then in any other state, studies found that youth sent through the adult court system are twice as likely to commit more crimes when they're release...
The issue brought forth to the U.S. Supreme Court pertained to whether or not evidence seized by a school official, without the involvement of law officials, was permissible in juvenile delinquency hearings. The U.S. Supreme Court never reached this issue because it ruled that the search of T.L.O.’s purse was not in violation of the Fourth Amendment.
As the trial court accurately ruled, the consent exception to the warrant requirement was inapplicable to this case because Johnson did not have the actual or apparent authority needed to provide lawful third-party consent to the warrantless search. The detectives knew that Johnson did not have actual authority to consent to search because