Vernonia V. Action Research Paper

Vernonia V. Action Research Paper-35
to the police station, where she confessed to selling marijuana. Public school teachers act as agents of the state, and not merely agents of the students’ parents.

Among other things, when the administrator opened her purse, he found a pack of cigarettes, and cigarette rolling paper. Justice Stevens, in his concurrence in part and dissent in part, noted that the Court should address the original issue, i.e., whether the exclusionary rule applies to searches made by public school officials and teachers in school. The states are free to interpret their Constitutions and laws in a manner that gives more protections to individuals than the U. In Footnote 10 of the majority opinion, Justice White makes this point, saying: “Of course, New Jersey may insist on a more demanding standard under its own Constitution or statutes. Podcast Learn what a scholar says about the landmark Supreme Court case New Jersey v.

of lying to him, and demanded to see her purse in an attempt to find the cigarettes. Applying the probable cause standard, Justice Brennan held that the school administrator’s actions violated T. O.’s rights and, thus, the evidence from the illegal search should be suppressed. Importance of State Constitutions Each state has its own Constitution, including some form of a state Bill of Rights, as well as laws. However, they cannot interpret them in a manner that gives less protection. It is possible that the New Jersey courts, applying the New Jersey Constitution and laws, could find that the school administrator’s actions violated New Jersey’s equivalent of the Fourth Amendment.

and another student smoking cigarettes in the girls’ restroom in the school building in violation of school rules. Incorporation of the Fourth Amendment In several cases, the U. Supreme Court has incorporated various provisions of the Fourth Amendment, and related judicial rulings, to the states.

Disclaimer (Please Note): This activity is meant to help high school students understand, as part of their civics education, the key facts and holdings of a well-known U. The Fourteenth Amendment The provisions of the first Ten Amendments to the Constitution, i.e., the Bill of Rights (1791), originally were applicable only to the federal government, and not to state governments. It says, in relevant part, “[N]or shall any state deprive any person of life, liberty, or property, without due process of law.” In a series of cases starting in 1925, the U. Supreme Court interpreted the 14th Amendment as “incorporating” (applying) most but not all of the provisions of the Bill of Rights to the states. Also applicable to the states was the exclusionary rule (a remedy by which evidence seized in violation of the Fourth Amendment is inadmissible in court). Find cases that help define what the Fourth Amendment means.

A public school policy of randomly drug testing student athletes in the face of a school-wide drug problem does not constitute an unreasonable search and seizure in violation of the Fourth Amendment.

State-compelled collection and testing of a person’s urine sample is a “search” for purposes of the Fourth Amendment.

was found delinquent, and was put on probation for one year.

The Vernonia School District in Oregon noted a precipitous rise in drug and alcohol abuse at school.

However, he disagreed with the Court’s holding that reasonable suspicion as opposed to probable cause should be the test for determining whether such searches may be permitted. Supreme Court found that the school administrator’s actions in T. O.’s case did not violate the Fourth Amendment to the U. Constitution as applied to the states through the 14th Amendment. dealing with the authority of school officials to search students’ possessions at school.

O.’s purse, and found a small plastic bag containing a grass-like substance and items that could be drug paraphernalia, including a pipe, a wad of money, a piece of paper with the names of students who apparently owed T. Justice Brennan, joined by Justice Marshall, agreed with the Court’s finding that the Fourth Amendment applies to public school teachers and that school officials may generally search students without a warrant.


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