Search and Seizure

Legal Or Illegal?

You Decide!!!

Web quest by Carrie Tesson DeWitt Clinton H.S.

Email me at:

mailto:Cdt125@yahoo.com

 

New Jersey v T.L.O.

 

 

Introduction:

Imagine getting caught smoking a cigarette in school by your teacher.  When your teacher asks you about the contents in your bag – you refuse to answer.  Next thing you know your book bag/pocketbook is being searched for drugs. In your bag there are things that imply that drug use may be occurring but there is no proof of use.  What are your reactions and most importantly what are your rights??????

 

 

Tasks:

-         Understand and evaluate the landmark U.S. Supreme Court case related to student searches

-         Understand the difference between probable cause and reasonable suspicion

-         Analyze and hand in court cases similar to this

-         Write an essay on your experience and opinion of this case

 

 

Process:

1.      You will be divided up into groups of 5

Each person   will be assigned a position on the case:

a)      Plaintiff (1) New Jersey

b)      Defendant (1) T.L.O.

c)      Lawyers (2) – one for the plaintiff and one for the defendant

d)      Judge (1)

2.       Click on to Compulegal and go into case library  - Go to the case of T.L.O.

3.      Each group member must gather information in regards to their position and share ALL information with the members of their group

4.      Use the hyperlinks to research your case

5.      Answer the questions below and incorporate the answers into your presentations

6.      Decide what your decisions will be as a group using all the information provided

7.      Presentation to the class will include:

a)      Creating a mock court room

b)      Having each person act out their role accordingly

c)      Allow the class to be the jury (we will take anonymous votes)

d)      Be able to defend your conclusion if similar or different from the class by explaining what facts

 

Answer the following questions using the resources provided  Make sure each answer is at least one paragraph with details and facts.  Use the following website to locate definitions to words that you are not familiar with.  Free Dictionary

1.        Who are the people involved in this case?

T.L.O.

2.      What are the accusations? List the steps that led up to them and insert them into a flowchart.

T.L.O.

T.L.O. Facts

Beginning of the Game – use this website to help set up a flowchart

3.      What amendment(s) were protected and which ones were not?

Historical Documents:THE BILL OF RIGHTS

4.      What is the difference between reasonable and probable cause?

5.      Using the cartoon - List 5 reasons why you feel T.L.O. can justify her actions. List 5 reasons why you feel the school can justify their actions.

T.L.O. Visual

6.      Fill in the table provided with all 10 reasons and the Amendment(s) that pertain to each reason.

7.      Compare two cases that are similar but with two different outcomes.

Search and Seizure

8.      Why did this case end up in the Supreme Court?

A Walk Through the Judicial Process

9.      How did your group reach the final decision?

10.   How was your decision similar or different than the Supreme Court?

Each member of the group will write an essay 2-4 pages long describing:

-         Your experience with this case

-         What you thought the outcome should be and why

-         How this affects you and your view with school policy

-         If you could, what would you change about school policy

-         Your opinion about reasonable verses probable cause

-         A conclusion of your overall thoughts and suggestions about the United States court system

 

Chart

School’s Actions

T.L.O.’s Actions

Amendment(s)

Comments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resources

Compulegal

 T.L.O.

Free Dictionary

T.L.O. Facts

Beginning of the Game

Historical Documents:THE BILL OF RIGHTS

T.L.O. Visual

Search and Seizure

A Walk Through the Judicial Process

 

 

Evaluation

 

Beginning

1

Developing

2

Accomplished

3

Exemplary

4

Score

Content

 

Little or no accurate information is provided.

Information is somewhat accurate and comprehensive.  Contains extraneous detail.

Information is mostly accurate and comprehensive and contains few extraneous details.

Information is completely accurate, comprehensive, and carefully selected to meet the needs of the project.

 

Organization






 

Materials poorly organized with little or no attention to clarity or logic.

Some materials and information demonstrate organization or clarity or logic.

Most materials and information demonstrate organization, clarity, and logic.

All materials and information are well organized, clearly and logically presented.

 

Language Usage 






 

Major errors that interfere with communication.

Frequent repetitive errors.

Minimal errors in grammar, spelling and word usage.

Grammar, spelling and word usage are correct and contribute to clarity and style. 

 

Punctuality

 

Paper is turned in more than three days late.

Paper is turned in two days late.

Paper is turned in one day late.

Paper is turned in by the deadline.

 



 

Assessment

 

Beginning

1

Developing

2

Accomplished

3

Exemplary

4

Score

Content

 

Little or no accurate information is provided.

Information is somewhat accurate and comprehensive.  Contains extraneous detail.

Information is mostly accurate and comprehensive and contains few extraneous details.

Information is completely accurate, comprehensive, and carefully selected to meet the needs of the presentation.

 

Organization






 

Materials poorly organized with little or no attention to clarity or logic.

Some materials and information demonstrate organization or clarity or logic.

Most materials and information demonstrate organization, clarity, and logic.

All materials and information are well organized, clearly and logically presented.

 

Language Usage 






 

Major errors that interfere with communication.

Frequent repetitive errors.

Minimal errors in grammar, spelling and word usage.

Grammar and word usage are correct and contribute to clarity and style. 

 

Presentation Skills

 

Made minimal eye contact with audience. Did not speak clearly and understandably.

Made some eye contact with audience, and spoke clearly at least half of the time.

Made eye contact with audience during most of the presentation, and usually spoke clearly.

Made frequent eye contact with audience, spoke clearly, and at a proper voice level.

 

Presentation Length

+/- 1:30 minutes

+/- 1 minute

+/- 30 seconds

   Met time limits

 

 

 

Conclusion:

Now you have experienced the thought process that goes into making important decision.  It is important for students to know their constitutional rights and to understand the purpose of the Bill of Rights and the Supreme Court.

Standard 5—Civics, Citizenship, and Government

Students will use a variety of intellectual skills to demonstrate their understanding of the necessity for establishing governments; the governmental system of the U.S. and other nations; the U.S. Constitution; the basic civic values of American constitutional democracy; and the roles, rights, and responsibilities of citizenship, including avenues of participation.


Commencement

1. The study of civics, citizenship, and government involves learning about political systems; the purposes of government and civic life; and the differing assumptions held by people across time and place regarding power, authority, governance, and law. (Adapted from The National Standards for Civics and Government, 1994)

Students:

·         Compare various political systems with that of the United States in terms of ideology, structure, function, institutions, decision-making processes, citizenship roles, and political culture

·         Identify and analyze advantages and disadvantages of various governmental systems.

2. The state and federal governments established by the Constitutions of the United States and the State of New York embody basic civic values (such as justice, honesty, self-discipline, due process, equality, majority rule with respect for minority rights, and respect for self, others, and property), principles, and practices and establish a system of shared and limited government. (Adapted from The National Standards for Civics and Government, 1994)

Students:

·         Trace the evolution of American values, beliefs, and institutions

·         Identify, respect, and model those core civic values inherent in our founding documents that have been forces for unity in American society

·         Compare and contrast the Constitutions of the United States and New York State

·         Understand the dynamic relationship between federalism and state’s rights.

3. Central to civics and citizenship is an understanding of the roles of the citizen within American constitutional democracy and the scope of a citizen’s rights and responsibilities.

Students:

·         Understand how citizenship includes the exercise of certain personal responsibilities, including voting, considering the rights and interests of others, behaving in a civil manner, and accepting responsibility for the consequences of one’s actions (Adapted from The National Standards for Civics and Government,1994)

·         Analyze issues at the local, state, and national levels and prescribe responses that promote the public interest or general welfare, such as planning and carrying out a voter registration campaign

·         Describe how citizenship is defined by the Constitution and important laws

·         Explore how citizens influence public policy in a representative democracy.

4. The study of civics and citizenship requires the ability to probe ideas and assumptions, ask and answer analytical questions, take a skeptical attitude toward questionable arguments, evaluate evidence, formulate rational conclusions, and develop and refine participatory skills.

Students:

·         Participate as informed citizens in the political justice system and processes of the United States, including voting

·         Evaluate, take, and defend positions on what the fundamental values and principles of American political life are and their importance to the maintenance of constitutional democracy (Adapted from The National Standards for Civics and Government, 1994)

·         Take, defend, and evaluate positions about attitudes that facilitate thoughtful and effective participation in public affairs

·         Consider the need to respect the rights of others, to respect others’ points of view (Adapted from The National Standards for Civics and Government,1996)

·         Participate in school/classroom/community activities that focus on an issue or problem

·         Prepare a plan of action that defines an issue or problem, suggests alternative solutions or courses of action, evaluates the consequences for each alternative solution or course of action, prioritizes the solutions based on established criteria, and proposes an action plan to address the issue or to resolve the problem

·         Explain how democratic principles have been used in resolving an issue or problem.