New Jersey V. Tlo

The Fourth Amendment to the constitution protects United States citizens from unreasonable searches and seizures. Our forefathers recognized the harm and abuses that occurred in the colonies to innocent people by the British, and they made sure to write protections into the U.S. Constitution. Fearing the police state that any nation has the potential to become and recognizing that freedom and liberty is meaningless when victimization by the police is a real and foreboding threat the Fourth Amendment was created. The Fourth Amendment has gone through many challenges and controversies in the past, and currently the issue of how the Fourth Amendment applies to students in public schools has come to be contended in the courts. While it is apparent to me that the Fourth Amendment should be no less applicable in schools than in the general society these essential Constitutional protections have been under fire in recent years and many rights have been taken away from students.

The Fourth Amendment of the Constitution states, "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." No where in this law does it create special divisions or classifications between adults and minors in society, so one should naturally assume that persons under 18 should be afforded the same protections as anyone over 18. The moment when minors are most at the mercy of government officials is while in school, and this is when these Constitutional Fourth Amendment protections are needed.

The largest and first assault on the rights of students to be free from unreasonable searches and seizures occurred in the case of New Jersey v. T.L.O. In 1980 at Piscataway High School in Middlesex County, N.J. a few girls were caught smoking in the bathroom. After being brought to the principal's office one of the girls, T.L.O., denied that she had been smoking. The principal then searched her purse looking for cigarettes. After finding a pack of cigarettes the search continued until the principal discovered evidence of drug dealing. This evidence was used to prosecute T.L.O. and ultimately she received a year of probation.

Supporting the applicability of the Fourth Amendment in public schools Justice White writing for the court opinion stated that, "It is now beyond dispute that "the Federal Constitution, by virtue of the Fourteenth Amendment, prohibits unreasonable searches and seizures by state officers." Equally indisputable is the proposition that the Fourteenth Amendment protects the rights of students against encroachment by public school officials." he further stated that "In carrying out searches and other disciplinary functions pursuant to such policies, school officials act as representatives of the State, not merely as surrogates for the parents, and they cannot claim the parents' immunity from the strictures of the Fourth Amendment."

While the opinion of the court takes care to point out the rights of students in school and despite the ruling, tempers it somewhat with its recognition of student's rights. The concurring opinion by Justices O'Connor and Powell was not quite as nice. In Powell's words "I agree with the Court's decision, and generally with its opinion. I would place greater emphasis, however, on the special characteristics of elementary and secondary schools that make it unnecessary to afford students the same constitutional protections granted adults and juveniles in a nonschool setting." This is clearly a detraction from the rest of the justice's opinions and against the nature of the amendment and previous school precedents.

Ultimately the opinion of the court established a "reasonableness" approach to search and seizure rather than a "probable cause" approach as outlined in the constitution. This Supreme Court decision reinterpreted how the law applies in school with such wordings as: "reasonable grounds for suspecting that the search will turn up evidence", "reasonably related to the objectives of the search", "reasonably related in scope" clearly the court has created a new way to apply this law based on no precedent or prior interpretations. The court has thrown out the probable cause clause of the Fourth Amendment and invented a murky, dangerous classification of reasonableness. Clearly this will have the effect of further limiting the rights of students in public school.

The depreciation of Fourth Amendment protections in school have unfortunately continued further past the New Jersey v. T.L.O. decision. In the case of Vernonia School District 47J v. Acton the court approved of random drug testing of athletic students based on no suspicion or "reasonableness" at all. Writing for the opinion of the court Justice Scalia says that, "A search unsupported