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New Jersey v T.L.O

Ale & Santi

Facts of the Case

- 6-3 win for New Jersey

- Student Search Case

Facts

Background

- T.L.O. was caught smoking with friend

History

- Lied about smoking while her friend admitted it

- Was searched and was found with marijuana and rolling paper

What is the issue?

Question

Did New Jersey violate TLO's 4th amendment right without a warrant?

4th Amendment

-Protects people from unreasonable searches

Amendment

T.L.O.

- Unreasonable Search

Side 1

- Search should have stopped at cigarettes

- Violated her 4th Amendment

Argument

- Unreasonable Search

- No Probable Cause

Argument

- Didn't have a warrant

Quote

Quote

"In his dissenting opinion, Justice Brennan argued the thorough search of T.L.O.’s purse was unreasonable. 'When he opened the purse, he discovered the pack of cigarettes. At this point, his search for evidence of the smoking violation was complete.”

New Jersey

Argument

- Reasonable Search

Side 2

- Reasonable Suspicion

Quote

Argument

- School officials don't need a warrant

- Friend admitted they were smoking

Quote

"The high court said school administrators don't need to have a search warrant or probable cause before conducting a search because students have a reduced expectation of privacy when in school."

Related Cases

- Terry v Ohio

- City of Indianapolis v Edmond

Related

Cases

Terry v Ohio

- Terry had suspicious behavior

-Found weapons on two of them

Case 1

- Three men on the street whom they suspected were planning a burglary

- Terry was convicted of carrying a concealed weapon and sentenced to three years in jail

- 8-1 with Ohio win

City of Indianapolis v Edmond

- City of Indianapolis began vehical checkpoints

Case 2

- It was in an effort to interdict unlawful drugs

- Each stop took abou 5 min or less

- Edmond filed a lawsuit saying their 4th amendment right was violated

- 6-3 win City of Indianapolis

Position

Ale

Position

- Violated school rules

- Legal reasons to search

- Friend admitted to smoking

Position

- Reasonable suspicion

Santi

- Other girl gave them up

- Found with contriband

- What else would they restrict

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