Wednesday, November 19, 2008

Tonight's HW - TLO v. New Jersey

http://landmarkcases.org/newjersey/majority.html

Click on the above link.

READ the excerpts from the majority opinion in this case.

Answer the questions below (online preferred, thanks!)
1. Why does the Court say the Fourth Amendment applies to students in schools?

2. What does the Court say is balanced against the privacy rights of students?

3. Why does the Court say the requirement of a warrant is "unsuited to the school environment"?

4. Describe the standard the Court uses to determine whether a school search is legal or not.

5. Do you think the "reasonableness" standard is adequate to protect the rights of students against invasions of privacy or other abuses? Give your reasons.

29 comments:

Anonymous said...

1.Because students need privacy and students don't want people checking their personal belongings.
2.The court says people have to have privacy and you need their permission before you check there personal belongings.
3. Because is something such as lockers belong to the school than they can check it but if its not schools property than they don't have the right to check you stuff.
4. They first ask you if u gave permission to the person to check your stuff.
5. i wouldn't like people checking my personal belongings because i could have private items in there that i wouldn't want people to check.

BY:MICHELLE BALDUCCI

Anonymous said...

1. The Supreme Court says that the Fourth Amendment applies to searches conducted by public school officials in school.
2. The Supreme Court says that a child's privacy must be set in maintaining discipline in the classroom and on school grounds.
3. The Supreme Court says that the requirement of a warrant is "unsuited to the school environment" because since there is a bunch of different kids there of different age groups and it's not like a house, where there's few people to deal with.
4. A school search should be legal if, for example, a kid brought a gun to school and they wanted to search him, his backpack, or his locker.
5. I don't think the "reasonableness" standard is adequate to protect the rights of students against invasions of privacy or other abuses because it could be something serioud or dangerous, harming other students.

Brianna R. Period 4

Mary Bella Torosyan said...

1. Why does the Court say the Fourth Amendment applies to students in schools?
The fourth amendment applies to students in schools because if something not safe is going on then they have the right to check you because you are under school supervision and the school is the one responsible for everyone.

2. What does the Court say is balanced against the privacy rights of students?
The privacy is balanced in the school the lockers maybe and I think that because if it’s their property then they can always check it. If it’s your own privacy and they still find you suspicious I also think that they can search you only for the protection of the other kids in school.

3. Why does the Court say the requirement of a warrant is "unsuited to the school environment"?
I think it day that the requirement of a warrant is unsuited to the school environment because the school is the one supervising you until school ends. So if they think you are suspicious of doing something that should not be done in school ground they can check you, even without a warrant.

4. Describe the standard the Court uses to determine whether a school search is legal or not.
The standard that is usually used to determine whether a school search is legal or not legal is to see if it should have even be searched for, like whatever the reason was also if they searched too much then that can explain but I don’t know.

5. Do you think the "reasonableness" standard is adequate to protect the rights of students against invasions of privacy or other abuses? Give your reasons.
I think that kids, in school should actually feel safer then they do when they are out of school, when they know they aren’t doing anything wrong. The invasions of privacy should continue to people who are suspicious of breaking rules.

Anonymous said...

1. Why does the Court say the Fourth Amendment applies to students in schools? the court says that the Fourth amendment applies to students in school is because the supreme court says that students need all their things for school even the non-nessary things
2. What does the Court say is balanced against the privacy rights of students?the court says it is bablanced against the privacy right of the students becuase the 10th amendment applies for every human being.
3. Why does the Court say the requirement of a warrant is "unsuited to the school environment"? the court says that there needs to be a warrant because since these laws plly for every human being than the search warrant applies for students
4. Describe the standard the Court uses to determine whether a school search is legal or not. the court determine whether a school search is legal and illegal because no matter what a teacher must hvae a search warrant with a proble cause to have that search warrant.
5. Do you think the "reasonableness" standard is adequate to protect the rights of students against invasions of privacy or other abuses? Give your reasons. yes i believe that the responsablities of the teacher or which ever law enfocer should get a warrant with a propable cause to have that search warrant. Adults and students rights are the same thing because it is there natural rights.
Ariadne R. 902 Period 2

Anonymous said...

1. The forth amendment applies to students in school because the things that might be searched are their personal property.

2. The court says that a teacher can only search if they have a reason to, not if they just feel like it.

3. The court says that the requirement of a warrant it is unsuited to the school environment because the teacher would have to get and warrant and it would take longer and the suspected child could get away with what they did. (if anything)

4. The court uses probable cause. Meaning they can only search if they suspect someone or something.

5. I don’t know what I thin about “reasonableness” because someone can frame another student and then they would have to get searched for no reason.

Anastasia Ioannou Pd.2 :)

Anonymous said...

1. the court says that the fourth amendment applies to students in schools because it is true, that kids should not be searched just randomly, the person searching them has to have a fair excuse.
2. The court says that kids should only be searched when they are being suspicious, or the school got a hint of somthing. Also it is balanced with the fact that they should only be searched then, and not never.
3. because these are kids there dealing with and they dont need a warrant to search a kids locker, because the locker is officially the school property and whatever goes in it should only be scool related.
4.They say that a school search must have a fare reason for the search. only when the student is in suspicion of committing a crime, or seems to be breaking the schools rules.
5.Yes because they should only be searched if the person has a reason for doing the search. thats what i think.

-isabela janashvili
period 4

Anonymous said...

1. It applies to students in schools because they can't search a student for something they assume they did without any reliable proof.

2. Because they feel that they feel students shouldn't need to bring personal items into school.

3. They say that because when they have full proof they have the right to search them as long as they have a warrant.

4. A school search would have to be reasonable and under all circumstances for it to be legal in schools.

5. Yes because the student should at least have a certain say in the situation.

Megan E.
Period 2.

Anonymous said...

1. Why does the Court say the Fourth Amendment applies to students in schools?
--because the students in school are mandated education s they have to have a safe school environment in order to learn.

2. What does the Court say is balanced against the privacy rights of students?
--that they can bring such things as keys, money and intimate things.

3. Why does the Court say the requirement of a warrant is "unsuited to the school environment"?
--because the children are under school authority and if a arrant is needed this will interrupt the school environment.

4. Describe the standard the Court uses to determine whether a school search is legal or not.
--this is what the supreme court believes its reasonable for a student to be searched and determine if its legal or not; "must be based upon "probable cause" to believe that a violation of the law has occurred"

5. Do you think the "reasonableness" standard is adequate to protect the rights of students against invasions of privacy or other abuses? Give your reasons.
-- yes i think that reasonable causes are fair and right and constitutional because if a school authority believes that you are selling drugs, smoking, have a weapon on your possession or anything than they should have a right to check with or without a warrant to protect the students and their learning environment.

Angela Rivera*_
1st period 903

Anonymous said...

1. the Court says that the Fourth Amendment applies to students in schools because the "administrators" and teachers need to control what the students carry around with them.

2. that the school's staff cant check a student if he isnt accused or anything.

3. because a warrant would take a long time to get and the students usually need to be checked in a hurry.

4. that the searches need to be reasonable, not just out of no where.

5. yes, because it gives the school limitations on how or when the teachers or administrators can search the student.

Anonymous said...

1. The Fourth Amendment guards against unreasonable searches and seizures and guarantees the right to privacy. The Court says the Fourth Amendment applies to students in schools because in some schools and in some cases, they may have to search students and this applies to them.
2.The thing the Court said that was against the students privacy is: that the child's interest in privacy must be set the substantial interest of teachers and administrators in maintaining discipline in the classroom and on school grounds.
3.The Court says that the requirement of a warrant is "unsuited to the school environment" because a teacher requiring to obtain a warrant before searching a student suspected of anything would "interfere with the maintenance of the swift and informal disciplinary procedures needed in the schools."
4. The standard that the Court uses to determine whether a school search is legal or not is called "reasonableness".
5.I don't think the "reasonableness" standard is adequate to protect the rights of students against invasions of privacy or other abuses. I understand that the school wants to protect the students but they should have a warrant if they want to search a student or their lockers. If not they shouldn't because it is invading their privacy, but if it's a really big problem like someone selling drugs in school, they should get someone to search the students [someone with a warrant] and they should definitely have the students permission.

-Gaby V.
period 2

Anonymous said...

The fourth Ammendments appiles to students in school because no one could have any unresoable searches if anything happends.The court says the privacy rights of students are that they have all rights to bring things that are pravrite to school. The court says that the reguirement of a warrant is "unsuited to the school environemnt" is because if something happends that could harm one of the students they have the right to search without a warrant.The standard the court using to see if the school search is illegally or not is they follow the fourth Ammendment.I think it is reasoable because the teacher are just trying to protect all the students and have an orgainzed school so if something happends they have the rights to search anything.
Alexandria Barry 903 pd2

Anonymous said...

The Court says the Foruth Amendment applies to students in school because they are acting under the mandated educational and disciplinary polices, therfore they act as representatives of State.

The Court says that the rights of the students is balanced with the authority of the teachers and adminatrators to chck and search the items.

The Court says the requirement of a warrant is "unsuited to the school envirmoment" because they believe that a teacher should have to get a warrant in order to check a students belongings.

The standard the Court uses to determine whether a school search is legal or not is that if the search is under ordinary circumstances would be reason if their is evidence that the student violated or is violating a low or law of the school.

I think the reasonableness standard is adequate to protecting the rights of the students against invasions of privacy or other abuses is if there is a really good reason to suspect if a student is doing something illegal that could violate the law or school rules. Serached without warrents should only be allowed in this circumstance. In other circumstances i believe a warrent should be issued.

Allison OHagan
Period 2

Anonymous said...

1.I think that the court says that the 4th amendment applies to students in schools because they have rights just as much as any one else.
2.The court says is a balance against the privacy rights of students to scearch their bags.
3.The court says the requirement of a warrant is"unsuited to the school environment" because if a child is suspected of not following the rules then it should be allowed.
4.The court uses to determine whether a school sceareh is leagal or not because in order to protect the other students in the school from whatever legal substances might or may not be in that students bag.
5.I believe that the "resonableness" standard is adequate to protect the rights of students against invasions of privacy or other abuses because if there is any concreate proof that there is any kind of abuse then the school has a right to the invasion of privacy of the students so that other students can be kept safe.
-Arifa Hossain

Anonymous said...

1. The Fourth Amendment still applies to students in school, because students have the right to bring neccessary items such as keys, money, cell phones, and grooming products along with school supplies and they have the privacy.

2. The court says that the school has to maintain discipline, but that shouldn't take away the students rights of privacy. It should both be balanced.

3. The requirement of a warrant on school grounds isn't nessecary because adminastrators and teachers have the right to search a students belongings with probable cause. Teachers have to maintain a safe and secure learning center, so if they suspect or get a tip of a student doing wrongdoing that have to act immediately because a warrant would take too much time and might not bring up the evidence that the student could be holding.

4. The court determines if a school search is legal or not simply by the reasonablesness of the search. The search would be reasonable if the teacher has senseable grounds of suspecting that a student is violating rules if the school.

5. Yes, because if you are doing something wrong and a teacher suspects, you need to face the consequences but if you aren't doing anything wrong you shouldn't seem suspicious and be worried about hiding anything.

Gabrielle Rosado
Class Period 4

Anonymous said...

1.The fourth amendment applies to students in school because the court sais that students bring to school things lik emoney and keys and also stuff that they dont need and that is their privacy.
2.The court sais that students can only be searched when there is a suspicion they cant be searched for fun.
3.It sais that a teacher or the school does not need a warrant becuase the student which is suspected can get away and it takes loong for a warrant to be active.
4.The court uses the level of suspicion, or reason.
5.I think that the reasonable standard should be used because if you think that someone has a weapon and a snitch informed you, you know have a reason to search him because someone has told you and you have a reason. I wouldnt just want someone to search me without a reason.

Anonymous said...

1. The Fourth Amendment applies to students in school because the things searched are their own personal property.

2. That the school cannot check students without them being suspicious or accused of something.

3. The Court says that because a teacher requiring to obtain a warrant before searching a student that's suspected of anything would "interfere with the maintenance of the swift and informal disciplinary procedures needed in the schools."

4. The standard is that there must be reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.

5. I think the "reasonableness" standard is adequate because it makes sure that the teachers have a reason to check the students, and the reason must have to do with the safety of the school and the people on the school grounds.

Daniel P.
Period 2

Anonymous said...

1?
2.Students Can only be checked for a good reason if yhe principal has reason to beleive that you did something wrong.
3. Its saying that the schoolenvioroment does not have to look like the student did something ( I think).
4.They see if the search is violating the 4th amendement (illegal search and seziures)
5.?

joseph Ebiotu period 4

Anonymous said...

1. The court says that the fourth amendment applies to the students in schools because they are entitled to their privacy to a certain degree. Schools have publicly mandated disciplinary and educational policies and school officials act as state representative so they must abide by the constitution. School officials are also subject to the First Amendment as well.


2. The court says that students are entitled to their privacy but at the same time there must be a balance between the interest of school administrators and teachers in maintaining discipline in the classroom and on school grounds. Discipline in schools is very difficult to maintain because of the increase in drugs and violence. There is a fine line between the privacy rights for the students versus school policies.


3. The requirement of a warrant is unsuited to the school environment because it would interfere with the maintenance of the swift and informal disciplinary procedures needed in the school. The safety of the students and school officials may be compromised by the amount of time needed to obtain a warrant. Many times immediate action is required by school officials in order to restore order and to protect the lives of other students.




4. A school search is considered legal by the Court if there is reasonable ground that the search would turn up evidence that the student has violated or is violating either the law or the rules of the school. Searches are not permissible based on age, sex of the student or nature of the incident but must be directly related to the reason for the search.



5. I think that the “reasonableness” standard is adequate to protect the rights of the students against invasions of privacy or other abuse. The schools are obligated to provide students with a safe learning environment. There must be rules and regulations administered by school officials to maintain discipline in and around the school. Students attend school to learn, not to do drugs or commit violent crimes against other students. All students are made aware of the school policies when they enter the school so they should know what they can and can not do while in school or on school grounds. If the reasonableness standard helps provide the discipline and safe learning environment needed then yes I think this is adequate.



1. The court says that the fourth amendment applies to the students in schools because they are entitled to their privacy to a certain degree. Schools have publicly mandated disciplinary and educational policies and school officials act as state representative so they must abide by the constitution. School officials are also subject to the First Amendment as well.


2. The court says that students are entitled to their privacy but at the same time there must be a balance between the interest of school administrators and teachers in maintaining discipline in the classroom and on school grounds. Discipline in schools is very difficult to maintain because of the increase in drugs and violence. There is a fine line between the privacy rights for the students versus school policies.


3. The requirement of a warrant is unsuited to the school environment because it would interfere with the maintenance of the swift and informal disciplinary procedures needed in the school. The safety of the students and school officials may be compromised by the amount of time needed to obtain a warrant. Many times immediate action is required by school officials in order to restore order and to protect the lives of other students.




4. A school search is considered legal by the Court if there is reasonable ground that the search would turn up evidence that the student has violated or is violating either the law or the rules of the school. Searches are not permissible based on age, sex of the student or nature of the incident but must be directly related to the reason for the search.



5. I think that the “reasonableness” standard is adequate to protect the rights of the students against invasions of privacy or other abuse. The schools are obligated to provide students with a safe learning environment. There must be rules and regulations administered by school officials to maintain discipline in and around the school. Students attend school to learn, not to do drugs or commit violent crimes against other students. All students are made aware of the school policies when they enter the school so they should know what they can and can not do while in school or on school grounds. If the reasonableness standard helps provide the discipline and safe learning environment needed then yes I think this is adequate.


Victoria Eng

Anonymous said...

1.The fourth amendment applies to the students because the students might not want people searching through their bag because they might have something private in their.
2.It says a teacher can only search a students bag if they have a reason to.
3.The school can only check school property like lockers but they cant search a students personal belongings without the students permission.
4.The legality of a search of a student should depend simply on the reasonableness of the search.
5.I would feel uncomfortable if a teacher just randomly check my stuff because I might have personal belongings in there.
Phillip Lluberes Period 2

Anonymous said...

1. Why does the Court say the Fourth Amendment applies to students in schools?
~The Court says the fourth amendmant applies to students in school because student have to have privacy.

2. What does the Court say is balanced against the privacy rights of students?
~the perosn that would check there private belongings would have to have permission.

3. Why does the Court say the requirement of a warrant is "unsuited to the school environment"?
~the court says the requirement of a warrant is "unsuited to the schol enviornment" because if it is schools property or the gender of the age group

4. Describe the standard the Court uses to determine whether a school search is legal or not.
~the standards the court uses to determine whether a school search is legal or not is by if it can harm other students then they should be allowed to check the student.

5. Do you think the "reasonableness" standard is adequate to protect the rights of students against invasions of privacy or other abuses? Give your reasons.
~the "reasonableness" standard is adequate to protect the rights of students against invasions of privacy or other abuses yes because then people would no what was going on in my life all the time and i wouldnt be able to hide personal information.

Alyssa Longo period 2

Anonymous said...

1)The court says the Fourth amendment appiles to students in schools because it says that if you have a reasonable guess or suspecision that a student did something bad and went against school rules the school has a right to search the student.

2)The court says that the privacy rights of students have to be balenced against making sure that the students are safe in and out of the classroom and get punished when they put students in danger.

3)The requirment of a warrent is a "unsuited to the school enviornment" because if there is a crime like if a person has a gun and shot someone and if the teacher needed a warrent the process would take a long time and
other thingd could happen. Without having a warrent is a quicker way to take action.

4)The court decides wheather a school search is legal or not if there is a strong belief that the student has done something or will do something against the school rules and it will hurt someone.

5)Yes,I think the reasonable standard is adequate because if an adult sees a student do a certain thing that violates a school code then they should be able to search that stuent because they may be carrying something that could harm the students and teachers.
Sara Touzard
Period:4

Anonymous said...

1. The court says it applies to students in schools because students should have their right to privacy. Reasonable search & seizures should have a reliable source.
2. The court says the students have no need to bring their personal items, only their school supplies.
Why does the Court say the requirement of a warrant is "unsuited to the school environment"?
3. The court says the requirement of a warrant is unsuited to the school environment because it’ll be too much of a process, which may lead the student to flee before he/she gets caught.
Describe the standard the Court uses to determine whether a school search is legal or not.
4. The court uses probable cause to determine whether the schools search is legal or not, which means the search must be reasonable, perhaps a reliable source who told them.
Do you think the "reasonableness" standard is adequate to protect the rights of students against invasions of privacy or other abuses? Give your reasons.
5. Yes I think the “reasonableness” standard is necessary because if it is true, it’s the school officials’ job to protect the students.
- Melissa P !
4th Pd

Anonymous said...

1. The court says it applies to students in schools because students should have their right to privacy. Reasonable search & seizures should have a reliable source.
2. The court says the students have no need to bring their personal items, only their school supplies.
Why does the Court say the requirement of a warrant is "unsuited to the school environment"?
3. The court says the requirement of a warrant is unsuited to the school environment because it’ll be too much of a process, which may lead the student to flee before he/she gets caught.
Describe the standard the Court uses to determine whether a school search is legal or not.
4. The court uses probable cause to determine whether the schools search is legal or not, which means the search must be reasonable, perhaps a reliable source who told them.
Do you think the "reasonableness" standard is adequate to protect the rights of students against invasions of privacy or other abuses? Give your reasons.
5. Yes I think the “reasonableness” standard is necessary because if it is true, it’s the school officials’ job to protect the students.
- Melissa P !
4th Pd

Anonymous said...

1. The court says that the fourth amendment aplies to students in school because school officials can't act as parents, they are representitives of the state and are thus subject to the fourth amendment.

2. The court thinks it that the privacy rights of students are blalanced if students bring in items on to school grounds, that their privacy will still be protected.

3. The court says that a search warent twards school students are unsitable because if they have certin items, like drugs, then those items would interfere with their learning.

4. The standards the court uses to tell wether a search is legal or not, is wether there is a reasonable ground to wether the search will show evidence, or not that the student is violating, or not violating the rules.

5. I think the reasonableness the court has is good in some conditions. If they searched your lockers because they think you took their five dollars, then that isn't good enough, but if the school officials think you have a bomb in your locker because someone reported it to them, then it is a good enough reason.



Andrew Villa 931 Period 2

Anonymous said...

1) The 4th ammendment applies to students in schools because students deserve as much privacy as anyone else.
2) The court says that the amount of privacy a student has is balanced on wethere or not you get there permission to check there personal belongings.
3)Because if it is the schools property they have the right to check it.
4)Because if they get your permission they have the right to check it.
5)I know I wouldn't want people checking my belongings because I might have personal things that I don't want people seeingg, unless they had areason to check it I don't want a random person coming up to me asking to see my bag when they have no reason to. It is wroing and it is not right at all.

Shannon Doran 931

Anonymous said...

1. the 4th amendment applies to students in school because if they feel you are endangering others they can check your bags, if they have no reason to, they are not constitutionally allowed to search you.

2. the privacy is a balance of acting the way your suppose to in school. If you are following the rules and not under suspicion there is not reason to check you & you have your privacy.

3. the requirement of a warrant is unsuited for a school environment because the teachers act as representatives of the state and are in charge of you during school hours. it is also a disciplinary procedure to check a student whom you have authority over.

4.the standard the court uses to determine if a search ios legal or not is if its reasonable and justified at its inception.

5. the "reasonableness" standard is adequate to protect the rights of students against invasions of privacy or other abuses because i dont want my life in danger for some other kid. even the slightest suspicion should have something done to make sure that it was a rumor and everyone was safe. its is reasonable to keep a safe school environment. of course if you are the one doing something wrong youd be against this but, you should think your plan out better next time.

Crystal
Period 4

Anonymous said...

1)i think its beacuse students need they peral space and privacy.
2)they need to give you premission before you touch there stuff.
3)because itsthere lockers and not ours and they can go through it if they would like to .
4)they shoulod first ask you if u give them premission to go through there stuff.
5)i wouldnt want people going through my personal stuff because i can have private things and girl products that i dont like sharing with others.
-stefani greenstein

Anonymous said...

1) I think the main reason is because by the 4th amendment if there is any reason that you are endangering the general welfare of others they have the right to check your bag & or belongings.
2) If you do not give faculty a reason to have to search you, then the simple conclusion is that you won't be searched.
3) It is unsuitable to need a warrant to search a students belongings in school because warrants take a while to be processed. By the time a warrant is approved the supposed object could have already been stashed.
4) The court goes by whether or not the search was legitament & justified.

-Taschya Maisonet
pd.4

Anonymous said...

1. Students want their privacy too and not other people checking their own belongings.
2. Court allows people to have their own privacy and you need permission to check their belongings.
3. If the teachers check your locker, it's fine. But if your not on school property, then they can't check you.
4. The techers need permission from you first then they can check.
5. I woudn't like it if teachers go into my locker and start looking around to find something.

Domenico
Period 2