Search & Seizure

New Jersey v. T.L.O.

 

Mrs. Sinead Deans

I.S. 174

 

(Our Literacy class just finished reading, Monster by Walter Dean Myers.  In the novel, Steve Harmon is arrested in connection with the murder of a store clerk.  The novel goes through the process of the arrest, being in prison and the courtroom drama).

 

 

Introduction

Keeping our novel in mind, Monster, by Walter Dean Myers, answer the following questions in your head:

Quick Quiz:

  1. What happened to Steve Harmon when the police came?
  2. Was it done lawfully?
  3. How would you feel if I went into your book bag without your permission?
  4. Would it be against the law for me to go in your book bag?

 

Scenario:

Help! Help! Help!  That is all you can hear from the exit 2 stairwell.  You go to see what has happened and see a seventh grader getting jumped up by 2 eighth grade boys.  (He is really messed up!) You immediately run to get Mr. Orzo and are able to identify the two bullies (because you are such a good citizen).  When the two bullies are rounded up for questioning, by Mr. Orzo, one of the boys keeps fiddling with his book bag.  Mr. Orzo then gets very frustrated because of the lack of cooperation and takes the book bag and looks in it.  Upon looking, he finds a set of brass knuckles. 

Now you need to decide if the Mr. Orzo was within his rights to search the bag without the student’s permission or was the constitutional rights of the student violated.  You will each be assigned to be either the prosecutor or defense attorney.  You will be using the case New Jersey v. T.L.O. to help you state your case.  This is a case dealing with possible illegal search and seizure of a 14 year old.

 

 

Task

          Using Compulegal and the web-sites listed below, you will research the case and produce a written report summarizing the case and stating your given position.  You will then have a debate to see which side should win. 

 

 

Process

          Use Compulegal to learn about New Jersey v. T.L.O. which will help you state your case.

 

Prosecutors & Defenders

  1. Review T.L.O. Visual 1.
  2. Read the Facts of the case and answer the questions below in full sentences

·        What was the freshman doing?

·        What happened to her?

·        What did the Principal do?

·        In your opinion, was the Principal wrong?

·        What did the local New Jersey Court think?

·        What did the New Jersey Supreme Court think?

  1. Hand-out: “How to present your reasoning” – This worksheet to help you understand and fill out the Reasoning Page.
  2. The Reasoning worksheet will allow you to state your specific case.  Be sure to give very in depth reasoning and examples.
  3. Go to the Arguments Page.  Here you will be able to see opposing perspectives on this case.
  4. Review your reasoning page and make sure you covered all the important points.
  5. Read the Supreme Courts Decision.
  6. Read the Precedent Page and pick at least one other case which supports your position.
  7. Using all the information you have gathered write a 1-2 page argument in favor of your client.
  8. Once your paper is complete you will start to pick out important points that you want to discuss during your debate.

 

 

Resources

  1. Compulegal
  2. Ask-A-Legal Eagle
  3. Landmark Cases

 

 

Evaluation

Student reports will be evaluated using the following rubric:

 

Earned a Grade of  4

q              Shows thorough understanding of the topic

q              Addresses all aspects of the task

q              Shows ability to analyze, evaluate, compare and contrast issues

q              Richly supports topic with relevant facts, examples, and details

q              Shows ability to analyze, evaluate, compare and contrast issues

q              Richly supports topic with relevant facts, examples, and details

q              Presents a strong and well organized “ case”

 

Earned a Grade of 3

q              Shows a good understanding of the topic

q              Addresses all aspects of the task

q              Shows ability to analyze, evaluate issues

q              Includes relevant facts, examples, and details, but not support all aspects of the “case”

q              Presents an organized “case”

 

Earned a Grade of 2

q              Presents satisfactory understanding of the topic           

q              Addresses most aspects of the task

q              Able to analyze issues and events, but not in depth

q              Uses some relevant facts, examples, and details

q              Presents “case”, but not very organized

 

Earned a Grade of 1

¨     Shows little understanding of topic

¨     Attempts to address topic, but uses vague information

¨     Uses little facts, examples, or details

¨     Cannot present an acceptable “case”

 

 

Standards

 

English Language Arts Standards

E1C – Read and comprehend informational materials

E2A – Produce a report of information

 

Social Studies Standards

SS5 – 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 United States and other nations; the United States Constitution, the basic civic values of American constitutional democracy; and the roles, rights and responsibilities of citizenship, including avenues of participation.

 

 

Conclusion

 

At the conclusion of this unit the student should be able to:

ü      research using the given materials, such as, Compulegal, Ask-A-Legal Eagle, and landmark cases.

ü      write a detailed, knowledgeable case for their client.

ü      conduct themselves in a debate.