Opinion of the Court
As Americans, we are protected by our constitutional rights, and these rights have helped separate America from many other countries. We are supposed to be a free country. T.L.O, who was a student whose school violated her fourth amendment has sought to show that when you go to school, your constitutional rights cannot be taken away from you. By siding with T.L.O, America has made the decision to keep to its roots, and protect all american citizens, and their ability to use their constitutional rights. We have now set a precedent that no students constitutional rights can be taken away, that to search a student you need probable cause, and that the student body will be able to feel safe at school. America has made the right decision. First, no students constitutional rights can be taken away from them once they arrive on their schools campus. In Tinker vs Des Moines, a case brought to the supreme court in 1969, discussing students rights in school, the supreme court decided that student’s constitutional rights should still “work” in school. They stated that “Students don’t shed their constitutional rights at the schoolhouse gates.” This set a precedent that students rights cannot be taken away in school. By once again siding with the students, we have re -instated how important this precedent is, as well as made sure that in the future no one can take away students constitutional rights. Constitutional rights separate America from all other countries, and by giving all 74.6 million students their rights, we are keeping America, America. Secondly, to be able to justly search a students bag, you are now required to have probable cause. In New Jersey’s brief, it says “If the court rules in T.L.O’s favor, it will set a precedent that you cannot do searches of students possession if under reasonable suspicion.” This tells us that New Jersey wants you to be able to legally search a students possession with just reasonable suspicion, or only 50% certainly. Whereas by siding with T.L.O, you need probable cause, or 75% certainty. Requiring probable cause makes way more sense because if you were to only need reasonable suspicion, than you only need to have 50% certainty, and the school just needs to prove there is a 50 50 shot that they will find what they are looking for. This 50 50 shot could come from a rumor, or someone just believing something. To make the jump to 75% certainty, you need more substantial evidence to search a student, which will prevent unjust searches from happening. By needing probable cause over reasonable suspicion, America has decided to prevent unreasonable searches form occurring at school. Lastly, the student body will be able to feel safe at school because they won’t fear being searched unjustly, or that other students could possess weapons that could be used to harm the student body. The supreme court has created a rule which states that if a school doesn’t have probable cause, or is unsure if they have it, then they can hold onto the bag until they contact authorities to possibly obtain a warrant to get the bag searched. In T.L.O’s brief, they discuss the importance of keeping the student body safe, but also protecting student’s constitutional rights from being taken away, and or violated at school. It says, “One of the main purposes of the Constitution is the formally write laws which can never be broken. These laws have been deemed superior enough that they should always be in place.” This rule does both of those very important things: it will keep the student body safe by removing the potential weapon of immediate danger so the suspect no longer have access to it, hence cannot use the weapon. It also protects the student’s 4th amendment rights because the school’s administration is not searching the bag without a warrant, they are just holding onto it until the police decide if they have enough evidence to obtain one. If they can obtain a warrant, than the student is being searched justly, and it is then in the police’s hands, rather than just the schools. The student body is protected, and student’s rights are protected. No student’s constitutional rights should be taken away from any American citizen no matter how old they are or where they are. We are all protected by these rights that make use Americans, and by taking them away from anyone you would be doing America a disservice. By needing probable cause to search a student you are preventing unjust searches from occurring, and making sure students feel like their rights are protected. Not only will their rights be protected, but they will feel sheltered at school because of the stipulation that schools cannot search students possessions without probable cause; however they can still hold the bag until a warrant has been obtained. The right decision has been made, and we have now secured constitutional rights for all people living in America today, and for days and years to come. It is so ordered.
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December 2018
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