New Jersey v T.L.O. (1984)

New Jersey v T.L.O. (1984)

Two students were found smoking in the girls bathroom. One student confessed but the other, T.L.O. (her initials), denied smoking. In fact, T.L.O. claimed she did not smoke at all. The school Assistant Principal then proceeded to search T.L.O.’s purse. In the purse he found Marijuana in small bags, rolling paper, a large amount of cash and a list of names who owed T.L.O. money. The police were summoned and T.L.O. was arrested. T.L.O. was convicted and through the appeals process the case eventually went to the Supreme Court. T.L.O. claimed that the search of her purse violated her Constitutional rights. The Court ruled against T.L.O. setting new standards for school officials. The Court ruled that school officials may search a student under “reasonable suspicion.” The standard is less than that required of police therefore giving school officials much broader search powers under the fourth amendment.

The Fourth Amendment states that the people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”   In short, in the United States, a person is not allowed to be detained and searched unless there is probable and immediate cause for suspicion or without the use of a warrant. 

Assignment:  The question regarding this case is whether or not the court correctly interpreted the fourth amendment and the constitution in allowing the school to have conducted such a search. What are your thoughts on the case? Click to the following link on landmark cases. Please read the case as also presented here and address all five questions within your blog.

1 - Link to Landmark Cases with the questions.
2 - Wikipedia Entry for the Case for additional reading and an alternate presentation.

~ by andrewmolinari on January 28, 2008.