Premium Essay

Case Brief New Jersey vs. T.L.O., 1985

In:

Submitted By cdickerson21
Words 443
Pages 2
Case Citation: New Jersey v. T.L.O., 1985

Parties: The state of New Jersey, Plaintiffs/Appellants T.L.O., Defendant/Appellee

Facts: A 14 years old female student identified as T.L.O was caught smoking in the school bathroom. During the investigation at school, the schools principal asked to see her purse and found incriminating evidence. That evidence was used against her in juvenile court to find her guilty of delinquency.

Procedural History: T.L.O appealed the juvenile courts decision and the New Jersey Appellate Court affirmed that the evidence was legal and thus admissible. She appealed again, and the New Jersey Supreme Court reversed, saying the search was unreasonable and the evidence must be suppressed. The state of New Jersey then asked the U.S. Supreme Court to review the case.

Issue 1: Does a search of a student by a school official while on the school’s premises violate the students 4th amendment?

Issue 2: Does the school official need a warrant to search student belongings while on the premises?

Holdings:

Issue 1: No. A search of a student by a school official while on the schools premises does not violate the students 4th amendment.

Issue 2: No. The school official does not need a warrant to search student belongings while on the premises.

Reasoning: Appellants advanced the following theories in support of their decision

Issue 1: Students do have 4th Amendment rights at school, but they are balanced with the schools responsibility to maintain a safe and educational environment.

Issue 2: School officials do not need to have probable cause or obtain a search warrant. Reasonable suspicion is a lower standard that the probable cause required for police searches of the public at large.

Decision: The U.S. Supreme court reversed the New Jersey Supreme Court, holding that school officials can search a student if

Similar Documents

Free Essay

Surveillance in Schools

...Surveillance Surveillance in Schools: Safety vs. Personal Privacy A project created by Kathy Davis, John Kelsey, Dia Langellier, Misty Mapes, and Jeff Rosendahl Project Home Security Cameras Metal Detectors Locker Searches Internet Tracking “Surveillance…n. close observation, esp. of a suspected person” [emphasis added] --Reader’s Digest Oxford Complete Wordfinder, 1996 In 1995, “The total number of crimes committed per year in or near the 85,000 U.S. public schools has been estimated at around 3 million” (Volokh & Snell, 1998). Our educational system is evolving all the time, and one factor that is constantly changing is the aggressiveness within our schools. In 1940, a survey of teachers revealed that the biggest behavioral problems they had from students were “talking out of turn, chewing gum, making noise, running in the halls, cutting in line, [violating] the dress code, [and] littering” (Volokh & Snell, 1998). In 1990, the toprated problems were “drug abuse, alcohol abuse, pregnancy, suicide, rape, robbery, [and] assault” (Volokh & Snell, 1998). In 1940, we had little need for surveillance beyond a teacher’s observation and intervention. Today, however, we live in a much more diverse society with troubled youth and adults who have easy access to weapons, drugs, pornography, etc., which have enabled students and staff to bring their violent and/or inappropriate tendencies into the naïve schools. What worked in 1940 (teacher-student confrontation) is not as realistic...

Words: 17490 - Pages: 70