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NJ vs. T.L.O
Transcript of NJ vs. T.L.O
11/19/12 In Search Without A = Constitutional? What is the issue under debate in New Jersey v. TLO? 4th Amendment Under Discussion 14th Amendment Under Discussion Majority Opinion & Opinion of the Court Minority Opinion or Dissenting Opinion of Court Justice White Justice Powell Justice Blackmun Justice Brennan Justice Stevens Who actually won the case? Who was the Chief Justice of the Supreme Court of New Jersey v.TLO? Biography Other Important Decisions On His Record What impact does this case have on Constitutional Law or the Constitution in USA? Bibliography Picture Citations http://goanimate.com/videos/0QbVEsWj7jC8?utm_source=linkshare Summary Video of New Jersey v. TLO www.nasbe.org
www.gracetoanderson.com "Fourteenth Amendment." TheFreeDictionary.com. N.p., n.d. Web. 14 Nov. 2012. <http://legal-dictionary.thefreedictionary.com/fourteenth amendment>.
"Search and Seizure (redirected from Probable Cause and Reasonable Suspicion)." TheFreeDictionary.com. N.p., n.d. Web. 16 Nov. 2012.
<http://legal-dictionary.thefreedictionary.com/Probable Cause and Reasonable Suspicion>.
"Warren Burger Biography." Bio.com. A&E Networks Television, n.d. Web. 14 Nov. 2012. <http://www.biography.com/people/warren-burger-9231479>.
"Warren E. Burger." The Oyez Project at IIT Chicago-Kent College of Law. N.p., n.d. Web. 14 Nov. 2012. <http://www.oyez.org/justices/warren_e_burger>.
"World Biography." Warren Burger Biography. N.p., n.d. Web. 14 Nov. 2012. <http://www.notablebiographies.com/Br-Ca/Burger-Warren.html>. Do students have the same rights under the 4th Amendment as adults? Does a “probable cause” have to be established for the search of a student in school, or is a “reasonable cause” enough? Do public schools need a warrant to search the belongings of students? What Happened? 1980- Piscataway High School
teacher found TLO & another girl smoking
taken down to principal-TLO lies
principal searches purse for cigarettes
finds cigarettes, and evidence of drug dealing
taken to Juvenile Court- ruled reasonable
taken to Appellate Division- same ruling
taken to NJ Supreme Court- ruled unreasonable Wrote the opinion
Did not violate 4th Amendment
Whether 4th Amendment applies-it technically does
Under 14th Amendment
Principal's action was justified Wrote a concurring opinion
Generally agreed with White
Emphasis on unnecessary need of same level of protection
Witness and protest Another concurring opinion
Added one more step-consider the speed
Order must be restored quickly
Reasonable suspicion is enough Concurred and dissented in part
Agreed 4th Amendment applies
School officials need probable cause
Mr. Choplick did violate
Carried out to its fullest extent Concurred and dissented also
Agreed with extended privileges
Believed court misapplied 4th Amendment
Agreed with Brennan
Everyone should have same amount Warren E. Burger
Born September 17, 1907 in St. Paul Minnesota
Family of 7 children
Engaged in private legal practice for more than 20 years
Active in state Republican Party matters
Worked under Eisenhower in the Justice Department in 1956
Named by President Nixon as Chief Justice in 1969
Sworn in on June 23, 1969
Was a strict constructionist
Left office on Sept. 26, 1986 (retired)
Died Sunday June 25, 1995 Most famous criminal case United States v. Nixon- he order Nixon, the one who gave him his seat, to turn over tapes that proved he committed the crime of obstruction of justice, thus leading to his resignation (Watergate)
Roe v. Wade (1973)- his court ruled a state law that banned abortion unconstitutional In the end, the Supreme Court ruled the case in favor of New Jersey. They ruled that reasonable suspicion was enough in this case, so Mr. Choplick had not violated TLO’s 4th amendment right. The impact that this case has on the Constitution in the USA is that the Court now sees any searches carried out by public school officials without a warrant as being constitutional as long as the search is in reasonable suspicion and the depth of the search is reasonable to the initial cause. examined appropriateness of rule of searches
accusation of a violation of 4th amendment by public school authority
questions legality of searches by public school officials without warrants