Christopher D. Monroe II New Jersey Vs. T. L.
O. Facts of the Case On March 7, 1985 T. L. O. and another student were found smoking in the womans bathroom. They were then taken to see the Assistant Principal, Mr.
Choplick, and were questioned about smoking in the bathroom. Upon further questioning the second student told Mr. Choplick she was smoking T. L. O.
denied she was smoking and also claimed I dont smoke at all. Mr. Choplick then asked if he could search the purse and T. L. O.
complied. Upon first opening the purse a pack of cigarettes was found and under it was a pack of rolling papers. In Mr. Choplick experience rolling papers are a prerequisite of marijuana use. Upon further inspection he found a pipe, plastic bags commonly referred to as dime bags, marijuana, a large sum of money, and notes implicating T.
L. O. in marijuana dealing. Mr.
Choplick then informed T. L. O. s mother and the police of the offense and then sent in the evidence to the police. While in police custody T. L.
O. confessed to marijuana dealing. She was charged with delinquency. In court T. L. O tried to suppress the evidence by deeming the evidence inadmissible because of her 4 th amendment rights being disrupted and the confession inadmissible because of her 5 th amendment rights being violated in conjunction with evidence found.
She was found guilty and then it was overturned by the New Jersey Supreme Court. Parts of the Constitution IV amendment V amendment XIV amendment Precedents Hudson Vs. Palmer Brown Vs. Board of Education South Dakota Vs. Opperman Arguments In trying to accomplish the feat of a safe school environment you have to give up some personal freedoms. This trial is not about her smoking but about the marijuana found while the purse was search for cigarettes.
The Essay on The Exclusionary Rule Evidence Police Law
In 1914, during the Supreme Court case Weeks versus the United States, the exclusionary rule was established (Hendrie 1). The exclusionary rule was a part of the Fourth Amendment. It states that evidence found at a crime scene is not admissible if it was not found under the correct procedures. This means that the government cannot conduct illegal searches of a person or place and use evidence that ...
The search of the purse was reasonable because of the suspicion of her smoking in the bathroom. During that search cigarettes were found along with wrapping papers for cigarettes or marijuana as mostly used by teenagers. Upon that evidence he searched the bag thoroughly in a separate compartment he found marijuana, plastic bags, a large sum of money, and notes implicating her in marijuana dealing.
