Smoking Case Solution Essay - 961 Words

Facts of the Case On March 7, 1980, a teacher at Piscataway High School in Middlesex County, New Jersey found two girls smoking in the restroom of the high school. The defendant, a fourteen year old, high school freshman, who is referred to as T.L.O. along with her companion were sent to the Assistant Vice Principal Theodore Choplick’s office for violating the school rule of smoking in the restroom. During questioning T.L.O.’s companion admitted to smoking in the restroom and had violated the school’s rule. However, T.L.O. denied smoking in the restroom by stating that she does not smoke at all. Mr. Choplick asked T.L.O. to come into his private office and ordered to see the purse she was carrying. Upon opening the purse he found†¦show more content†¦T.L.O.,1985,p.329). The court concluded that Mr. Choplick’s search was a reasonable one and he was entitled to do so, for her violating the rule of smoking in the school’s restroom. The motion to suppress was de nied on March 23, 1981 and T.L.O was found to be a delinquent and sentenced to a year of probation on January 8, 1982 by the Juvenile and Domestic Relations Court of Middlesex County, N.J. T.L.O. then takes the case to the Appellate Division where the court’s decision agreed that there was no violation of her fourth amendment rights but removed â€Å" the delinquency adjudication and remanded the case to the Juvenile Court decide if T.L.O. had knowingly and voluntarily waived her Fifth Amendment right against self-incrimination before confessing.† (US Courts). The New Jersey Supreme Court agreed with the decision of the lower courts that the Fourth Amendment also applies to searches conducted by school officials and â€Å"that the exclusionary rule should not be employed to prevent the use in juvenile proceedings of evidence unlawfully seized by school officials.† (Find Law for Legal Professionals). According to the Exclusionary Rule, if a search violates const itutional rights, the evidence found is prohibited in a criminal trial (Legal Information Institute). The New Jersey Supreme Court reversed the decision and sided with T.L.O., due to theShow MoreRelatedEssay about Smoking In Public Places Should be Banned766 Words   |  4 Pages Do you mind people smoking around you in public places? According to the pro-smoking group Air Initiative 7 in 10 of you do. Do you think it is fair to discriminate against smokers, forcing them to stand outside and smoke? On the other hand is it fair that non-smokers should have to inhale second hand smoke which can dame their health? (Do you support this ban or do you oppose it?) Personally I oppose it as I believe that non-smokers shouldn’t be subjected to a smoky environment on a night out.Read MoreEssay on Internet Addiction636 Words   |  3 PagesInternet addiction has become an exceedingly negative power in todays culture. 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