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2022 vs 2023

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Background and history

Constitutinal Question

New Jersey v T.L.O

Majority

Karina and Gabi

Dissenting

Background/History

* Piscataway High School, New Jersey

* TLO and another student caught smoking in a school restroom

* Friend cofessed to smoking, while she claimed she was not

* Searched by Vise Pricipal

* Found with marijuana and other drug paraphilia

* Occured March 7th, 1980; Decided January 15th, 1985

* SC rulled in favor of NJ; 6-3

Constitutinal Question

Does The Fourth Amendment against unreasonable searches and seizures apply to searches conducted by school officials in public schools?

"...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."

Majority

* Judges decided students have fourth amendment rights at school

* Schools have lower standard of probable cause for searches

* Two-part test to determine reasonableness of school searches

* Court ruled search of T.L.O.'s purse was constitutional

* New precedent for school searches and student privacy

Dissenting

* Argued that T.L.O 4th Amendment right was violated

* Searching her purse was unreasonable and violated her privacy rights

* Didn't Agree with the new standered for school searches policies

* Supreme Court Justices: Justice Stevens, Justice Marshall, and Justice Brennan

Justice Brennan

"It would be incongruous ... to charge teachers with ... [teaching] our system of constitutional democracy, while ... immunizing ... [them] from the need to respect constitutional protections."

Related Cases

Related Cases

State of New Jersey v. Thomas E. Best (2010)

*Recieved a report of a student being under the influence of drugs and that they were his car

* Assistant Principle conducted a search of the students car

* Drugs were found and related paraphilia

State of New Jersey was in favor

Safford Unified School District #1 v. Redding (2009)

* A student was suspected of distributing ibuprofen

*Vice Princple conducted the search

*Which concluded in a strip search

Redding 8 to 1

Vernonia School District 47J v. Acton (1995)

*A 7th grade student and parents refused to sign a consent form for drug testing

* He was suspened from all athletic for the season

Vernonia School District

6 to 3

Our Position

Our Positon

Officals should be protecting the school environment

Students have a right to privacy

TLO was searched under "reasonable ground"

Being able to search based on suspicion and not "probable cause"

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