Search and Seizure

4th Amendment

New Jersey v. T.L.O.

Court held that neither a warrant nor probable cause is required to conduct a lawful search of a student. The school must establish two things though: 1) reasonable cause for believing that the student is violating or has violated a student rule or law 2) search must be in reasonable in scope in light of the age and sex of the student as well as the nature of the offense.


Reasonable Cause

Unlike needing probable cause for a warrant, a "reasonable cause" requires sound ground to conduct the search but you need more than a"hunch" of probable wrong doing. It does allow for school officials to have more leniency in conducting searches on students than officers of the law.



4th Amendment Rights in Schools