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The fact that they found cigarettes but not the cigarette she used to smoke in the bathroom was also an argument they used. Without that particular cigarette, she can't be found guilty of smoking. They also argued that students did not give up their rights at school and that the rights did not chance context from person to person, and the fact that the vice principal was not a police officer and did not have a warrant violated the fourth amendment.
The defense argued that although her bag was searched, T.L.O did not protest against it and handed the bag over willingly when asked. She didn't attempt to stop the vice principal...
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