New Jersey v. T.L.O.
By: Jessica S, Jessica V, Emily, Courtney
Back Story
Argued- March 28, 1984
Decided- January 15, 1985
Decided- January 15, 1985
- 4th Amendment states that citizens are protected against unreasonable searches and seizures
- 1980 at Piscataway High School in Middlesex County, New Jersey 2 students were found smoking in a restroom by a teacher
- 2 girls taken to principles office where 1 admitted to the accusations
- TLO denied smoking
- Assistant Principle grabbed T.L.O's bag and found found papers, a pipe, marijuana, a large wad of money and 2 letters that that indicated she was selling
- T.L.O was taken to the police station and confessed to smoking
- She was sentenced to a year on probation but this was over turned by the Supreme Court because her 4th Amendment rights were violated
Case/Ruling
- New Jersey won
- Students have a right to privacy under the 4th Amendment and school officials are bound by constitutional restriction
- But students/ adolescents are not the same as adults
- Schools have the responsibility to keep order within
- There needs to be probable cause in order to search a students belongings
- Schools just have to state that they had probable cause
Search ad Seizure
- Search-looks for evidence of wrong doing in places where people have an "expectation of privacy"
- Locker/Desk
-Schools can make their own polices
- Person/Property
-can be searched with reasonable cause
-the search must be justified when it starts and reasonable with how it is done
- Seizure- Confiscation material that is against school policy