An argument arrose to if children in the building have the same rights under the 4th amendment as adults. Adults in a public school buildings can only be searched under a warrant, when students do not need a warrant to be searched. If a teacher is ruining the learning environment by breaking rules or laws, why do they have the right to ask for a warrant when kids don't?
Shmoop: New Jersey v T.L.O. in Right to Privacy. New Jersey v T.L.O. story and analysis by PhD and Masters students from Stanford, Harvard, Berkeley
Connor McCririe's insight:
Smoking was not actually prohibited inside the school. The girls were just smoking in an unauthorized area. This brought up the argument that there was no rule against carrying a pack of cigarretes. If the Vice Principle saw the cigarettes opening the purse, why did he look beyond the cigarettes?
When a student is in a school building, they have to follow the rules of the school. The school has to mantain an environment that learning can take place, and this sometimes requires searches. This means that a search by a school official does not need a warrant to be obtained. The only thing needed is probable cause of law(s) being violated.
Bringing warrants into public schools would ruin the quick and infomal disciplinary procedures in schools. The teachers act as subjects of states in these warrantless searches and not the parents. If the school thinks the learning environment is being harmed or broken, they can conduct a warrantless search.
An argument in this case was that school officials were not exempt from the 4th amendment because they were not in the role of parents. It was brought to the point that in school, an official does not need the warrant because there was suspicion of a school rule being broken.
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