Opinion of the Court
The 4th Amendment allows the right for people to be secure in houses, papers, and effects along with other persons against unreasonable searches and seizures, only when a warrant supported by oath can a search be made with probable cause. In this case the petitioners were said to have made an illegal search of student and respondent T.L.O’s bag and in turn, this was a violation of her 4th Amendment right to which she possibly had cigarettes in her bag. My analysis of this brings me to the conclusion that T.L.O’s 4th Amendment right was not violated based on the fact that the administrator had reasonable cause for the search after being informed by a teacher that she was indeed smoking these cigarettes and that in this case the school had wholeheartedly believed in keeping drugs away from an under aged minor. Furthermore, as such, the three points in the following I will discuss with demonstrate the reasoning for my conclusion that there was no violation of the 4th Amendment and the school had probable cause to search without warrant on campus grounds. First off, for the administrator to search her bag in order to keep her from conflicting more self harm on herself was in all way legal because T.L.O was illegally not only doing drugs, but selling them to other student which gave the administrator probable cause. As stated in the 4th Amendment, “Against unreasonable searches and seizures, shall not be violated, and no warrants shall be 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 administrator had every reason and probable cause to search her bag since he was informed by a teacher that T.L.O and her classmate were smoking in the bathroom and when he interrogated her she denied all allegations which lead to very suspicious behavior which resulted in the search. Besides the point of T.L.O taking illegal drugs, one of the Respondent's arguments was that “Cigarettes don’t pose an immediate threat to school safety”, which is completely untrue based on the fact that students with breathing problems can absolutely be affected and this argument really has nothing to do with their case. In the third section of the respondent's argument, is was mentioned that cigarettes aren’t as immediate threats as “say a gun or a knife might”, but due to more school shootings a precedent should be set to keep further attempts from occurring and with that cigarettes need to be included based on the severity it could do to people breathing. The Respondent also claimed that “cigarettes only threaten others by way of secondhand smoke” but for students with Asthma this can cause major health risks. Thirdly, Principals do not hold any sort of lethal weapon to stop intruders in the case of an immediate threat, which was brought up in arguments two and three of the Petitioner’s brief. If schools put privacy before safety it will become not only easier for irrational people to cause such harm, but for the students themselves to break over any boundary that is set. The only way that a principal can stop a school shooting for arising is with searching people’s bags when it’s thought that they might have a dangerous weapon. In the case of lethal weapons, which poses a much more immediate threat, a student that is carrying such weapon in a bag on to public school properties, by calling the authorities for a warrant to search the bag, it will “become too late to go through of getting a warrant before the student goes through with his/or her actions of harming those at school”. With a precedent in place we stop this situation of it become too late for the students overall safety and we help to make school environments more secure for all staff and students. As our future inventors, artists, architects, mathematicians, discoverers and more, we must protect them from themselves and each other from the harms of illegal drugs and lethal weapons at all necessary costs, even if we have to put their privacy of their belongs second behind the safety of their life.. A minor embarrassment is a much more useful and secure route to student safety than no law or boundary made at will, make the wrong mistake that becomes too late by taking a life. Minors are not legally allowed to drink or consume any type of recreational drug for specific reasons and for some students who are believed to be non-compliant must be sought out in bag searches for the exact reasons of student safety of younger students within the whole public school. We do not get to forget the overall picture of a student doing illegal drugs, and what that might look like in a more serious setting with a lethal weapon upon children younger than eleven who have not yet even to grow up in the real world. That is why we the court believe that bag searches are necessary in all cases only by which can be conducted by a Head Administrator with the limit to body searches. The idea of leaving the bag for guardians to search upon arrival after being notified of situation was mention within the court which would limit furthermore distribution and confrontation of violations of 4th Amendment. It is so ordered.
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The 4th Amendment allows the right for people to the people to be secure in houses, papers, and effects along with other persons against unreasonable searches and seizures, only when a warrant supported by oath can a search be made with probable cause. In this case the petitioners were said to have of made an illegal search on student and respondent T.L.O’s bag and in turn, this was a violation of her 4th Amendment right to which she possibly had cigarettes in her bag. My analysis of this brings me to the conclusion that T.L.O’s 4th Amendment right was not violated based on the fact that the administrator had reasonable cause for the search after being informed by a teacher that she was indeed smoking these cigarettes and that in this case the school had wholeheartedly fully hardheartedly believed in keeping drugs away from an under aged minor. Furthermore as such, the three points in the following I will discuss with demonstrate the reasoning for my conclusion that there was no violation to the 4th Amendment and the school had probable cause to search without warrant on campus grounds.
First off, either way T.L.O was illegally not only doing drugs but selling them and for the administrator to search her bag in order to keep her from conflicting more self harm on herself was in all way legal. As stated in the 4th Amendment, “Against unreasonable searches and seizures, shall not be violated and no warrants shall be 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 administrator had every reason and probable cause to search her bag sense he was informed by a teacher that T.L.O and her classmate were smoking in the bathroom and when he interrogated her she denied all allegations which lead to very suspicious behavior which resulted in the search. Besides the point of T.L.O taking illegal drugs, one of the Respondents arguments was that “Cigarettes don’t pose an immediate threat to school safety”, this idea is not only outrageous based on the fact that in how students with breathing problems can absolutely be affected and this argument really has nothing to do with their case. In the third section of the respondents argument is was mentioned that cigarettes aren’t as immediate threats as “say a gun or a knife might”, which is actually helping the Petitioners argument of school safety searches for lethal weapons since the Petitioner's claim that due to more school shootings a precedent should be set to keep further attempts from occurring. The Respondent also claimed that “cigarettes only threaten others by way of secondhand smoke” but for students with Asthma this can cause major health risks. Thirdly, Principals do not hold any sort of lethal weapon to stop intruders in the case of an immediate threat, which was brought up in arguments two and three of the Petitioner’s brief. If schools put privacy before safety it will become not only easier for irrational people to cause such harm but for the students themselves to break over any boundary that is set. In the case of lethal weapons, which poses a much more immediate threat, a student that is carrying such weapon in a bag on to public school properties, by calling the authorities for a warrant to search the bag, it will “become too late to go through of getting a warrant before the student goes through with his/or her actions of harming those at school”. It is our duty to protect those from all levels of harm, and without a precedent to follow this case we allow a more dangerous school environment for all staff and students. As our future inventor, artists, architects, mathematicians, discovers and more we must protect them from themselves and each other from the harms of illegal drugs and lethal weapons at all necassary costs. A minor embarrassment is a much more useful and secure route to student safety then no law or boundary made at will make the wrong mistake that becomes too late of taking a life. Minors, are not legally allowed to drink or consume any type of recreational drug for specific reasons and for some students who are believed to be without compliance must be sought out in bag searches for the exact reasons of student safety of younger students within the whole public school. We do not get to forget the overall picture of a student doing illegal drugs, and what that might look like in a more serious setting with a lethal weapon upon children younger than eleven who have not yet even to grown up in the real world. That is why we the court believe that bag searches are necessary in all cases only by which can be conducted by a Head Administrator with the limit to body searches. The idea of leaving the bag for Guardians to search upon arrival after being notified of situation was mention with in the court which would limit furthermore disstrution and confrontation of violations of 4th Amendment. It is so ordered. |
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October 2018
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