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Fourth amendment analysis
The fourth amendment violation
The fourth amendment violation
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In 1985, the New Jersey vs. TLO case was argued between two parties, TLO, a high school student who was searched by school officials without her consent, at the New Jersey high school that she attended.
TLO argued that her Fourth Amendment right was violated, in light of the fact that schools officials searched her purse after she was caught smoking in a bathroom. Her rights were violated, and these rights should be upheld, whether for a minor or on government property. The Fourth Amendment protects citizens from unlawful searches, and in this case, the school, not having a search warrant, searched her purse and discovered more cigarettes and marijuana. Though the contents of her purse where in fact illegal it does not excuse the fact that
In the case Morale v. Grigel, 422 F.Supp 988 (1976), the plaintiff James Morale, who is a student at New Hampshire Technical Institute, room was entered and searched by officials representing the dorm. There was no probable cause for them to enter his room, and while there they seized what they alleged to be “purple haze”. The court ruled that a check or search of a student's dormitory room is unreasonable under the Fourth Amendment unless NHTI can show that the search furthers its functioning as an educational institution. The search must further an interest that is separate and distinct from that served by New Hampshire's criminal law. Obviously, administrative checks of the rooms for health hazards are permissible pursuant to the school's
Name & citation of case: Urban v. Jefferson County School District R-1, 870 F. Supp. 1558 (D. CO 1994)
Also another fact one of the justices, Justice O’Connor disagreed with the outcome of the case. She said it was called a, “Cursory Inspection” she went on saying the officers could do the search based on reasonable suspicion that the object was evidence of a criminal activity.
Board of Education v. Pico is a Supreme Court case that was argued from March 2, 1892 to June 25, 1982 (Island Trees…). This case presents the issue of banning “vulgar and immoral” books from school libraries (Board of Education, Island). The Board of Education of the Island Trees Union Free School District No. 26, including Richard Ahrens (President of the Board of Education), Frank Martin (Vice President), Christina Fasulo, Patrick Hughes, Richard Melchers, Richard Michaels, and Louis Nessim (Board Members), presented the issue of banning books from the Island Trees High School and the Island Trees Memorial Junior High School, after they attended a conference by Parents of New York United, or PONYU (Board of Education v…). The Board
The students’ parents believed the issue was still unresolved so they hired attorneys to try the case in court. The lawsuit asked for two things; the first was an injunction to stop the school from enforcing the rule prohibiting the black armbands. They had also requested nominal damages which was a small amount of money sought for the violation of the plaintiff’s rights. In this case, nominal damages equaled one dollar (Farish, 33). The first trial took place in July 1966 and was tried by only a judge. There was no jury involved (Farish, 38). Five weeks later the judge returned with his decision; the plaintiff’s request for injunction and nominal damages was denied. The Tinkers were still not satisfied with the outcome and decided to appeal to the next higher court which was the Eighth Circuit. Meanwhile back in Des Moines, Iowa the community reacted angrily to the act of the students while the trial was taking places. Mary Beth Tinker recalls red paint being thrown at the Tinker residence and threatening phone calls (Farish, 41). When the trail in the Eighth Circuit had finally concluded, it had ruled that the Tinkers had lost yet again. The case was then taken to Supreme Court after careful consideration by both sides’
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.
Mary Beth Tinker was only thirteen years old in December of 1964 when she and four other students were suspended from school because they wore black armbands. The black armbands were a sign of protest against the Vietnam War. The school suspended the students and told them that they could not return to school until they agreed to take off the armbands. The students did not return to school until after the school’s Christmas break, and they wore black the rest of the year, as a sign of protest. The Tinker family, along with other supporters, did not think that the suspension was constitutional and sued the Des Moines Independent Community School District. The Supreme Court’s majority decision was a 7-2 vote that the suspension was unconstitutional (Tinker V. Des Moines).
... 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.
On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N.J., found two girls smoking in the school lavatory, which was a violation of school code. The teacher took them to the Principles office where they met the Assistant Vice-Principle Theodore Choplick. Under questioning the first girl admitted smoking in the lavatory. The second girl, 14 year old freshman T.L.O., denied that she had smoked in the lavatory. Mr. Choplick then asked to search the girl’s purse. He found a pack of cigarettes. Upon pulling the pack of cigarettes out Mr. Choplick discovered cigarette rolling papers, which is closely associated with marijuana. He proceeded to search the purse to find a small amount of marijuana, a pipe, small empty plastic bags, a substantial amount of money all in one dollar bills, and two letters that implies that she is a dealer. Mr. Choplick notified her mother and the police and told her mother to take her to the police headquarters. A New Jersey juvenile court admitted the evidence, saying that the search of the purse was reasonable under the standard of enforcing school policy and maintaining school discipline. The court found the student, T.L.O., to be a delinquent and sentenced her to a years probation. The appellate Division affirmed the courts decision that there had been no Fourth Amendment violation, T.L.O.
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.
The 4th amendment protects people from being searched or having their belongings taken away without any good reason. The 4th amendment was ratified on December 15, 1791. For many years prior to the ratifiation, people were smuggling goods because of the Stamp Act; in response Great Britain passed the writs of assistance so British guards could search someone’s house when they don’t have a good reason to. This amendment gave people the right to privacy. “Our answer to the question of what policy must do before searching a cellphone seized incident to an arrest is accordingly simple - get a warrant.” This was addressed to officers searching people’s houses and taking things without having a proper reason. I find
It was irrational for these students to be suspended from the school. The high school students named John F. Tinker, who was fifteen-years-old, John’s younger sister Mary Beth Tinker, who was thirteen-years-old, and their friend Christopher Eckhardt, who was sixteen years old, should not have been suspended. They were under the protection of the First Amendment. The parents of those students sued the school district for violating the students’ right of expressions and sought an injunction to prevent the school from decupling the students. The Supreme Court of the United Sates stepped in and the question of law was if. They ruled in the favor of the Tinker’s because it was in a seven to two decision "Tinker V. Des Moines Independent Community School District."
The case started in Topeka, Kansas, a black third-grader named Linda Brown had to walk one mile through a railroad switchyard to get to her black elementary school, even though a white elementary school was only seven blocks away. Linda's father, Oliver Brown, tried to enroll her in the white elementary school seven blocks from her house, but the principal of the school refused simply because the child was black. Brown went to McKinley Burnett, the head of Topeka's branch of the National Association for the Advancement of Colored People (NAACP) and asked for help (All Deliberate Speed pg 23). The NAACP was eager to assist the Browns, as it had long wanted to challenge segregation in public schools. The NAACP was looking for a case like this because they figured if they could just expose what had really been going on in "separate but equal society" that the circumstances really were not separate but equal, bur really much more disadvantaged to the colored people, that everything would be changed. The NAACP was hoping that if they could just prove this to society that the case would uplift most of the separate but equal facilities. The hopes of this case were for much more than just the school system, the colored people wanted to get this case to the top to abolish separate but equal.
...e Court would also fine Mr. Dickerson guilty of contraband. However, after reading the ruling, I understand how easily and differently the Fourth Amendment may be understood and withheld. Another good point was proven in the “Mapp vs. Ohio” case where law enforcement did indeed violate the Fourth Amendment. Interpretation of this amendment was apparent back in the 1760’s where they had cases based on the freedom of citizens. The Fourth Amendment is a very creative amendment that gives the people the right of freedom and to protect their own properties. As a future law enforcement officer, I chose this amendment to gather information on the proper procedures to obtain a search warrant and understand how improperly obtaining a search warrant may change an outcome of a case. Furthermore, the Fourth Amendment may be perceived differently in a court of law.
Meyer v. Nebraska (1923) was one of the first cases to explore the right to privacy. In this case, the Supreme Court struck down a state law that prohibited the teaching of German and other foreign languages in public schools until ninth grade. This decision is especially relevant for a quote by Justice James McReynolds in his majority opinion. He states: