In T.L.O. vs. New Jersey (1985) the U.S. Supreme Court considered the issue of reasonable searches and seizures on school property. An adolescent female (a.k.a. T.L.O.) was caught smoking in the restroom at her high school.  She was taken to the Principal’s office where she denied the allegations.  The Principal then asked to see her purse and proceeded to go into the purse to look for cigarettes.  As he was looking through the purse, he came across drug paraphernalia and upon closer inspection, found what appeared to be a list of names of people who owed T.L.O. money in exchange for drugs.  The police were called to the scene, T.L.O. was taken into custody, and was subsequently adjudicated a delinquent. She appealed her case on the basis of a Fourth Amendment violation.  Within that amendment, some argue that the founding fathers established a “right to privacy” through the prohibition against unreasonable searches and seizures by government of a person or his/her property.  The key word here is unreasonable.  The amendment also has language that makes it clear that not only can unreasonable searches and seizures not occur, but also that a search cannot occur without a warrant.  The U.S. Supreme Court sided with the government in this particular case, reasoning that:  1.  the school officials are in fact considered to be agents of the government (this occurred in a public school) and thus the Fourth Amendment applies to them; and, 2. school officials have the responsibility of ensuring order and the safety of staff and students; 3.  the principal acted in a way that any layperson would agree was reasonable; and, 4.  the privacy rights of students must be weighed against the need of school officials to ensure order on school property as well keep staff and students safe. 

Not all agree with the Court’s decision in this case.  What do you think?  When composing your response, think about these questions:  Should students have a right to privacy when on school property? Did a violation of the Fourth Amendment occur in T.L.O.’s case?  Why or why not?      

Post your thoughts to the Lesson 02 Thought Provoking Exercise discussion forum in the Lesson 2 folder. Be sure to return later in the week to respond to other students' posts.