Send the link below via email or IMCopy
Present to your audienceStart remote presentation
- Invited audience members will follow you as you navigate and present
- People invited to a presentation do not need a Prezi account
- This link expires 10 minutes after you close the presentation
- A maximum of 30 users can follow your presentation
- Learn more about this feature in our knowledge base article
New Jersey v. T.L.O
Transcript of New Jersey v. T.L.O
DOES THE EXCLUSIONARY RULE APPLY TO SEARCHES CONDUCTED BY SCHOOL OFFICIALS?
"The school setting...requires some modification of the level of suspicion of illicit activity needed to justify a search." -Justice White
Constitutional Issues Involved
Supreme Court's Dissenting Opinion
Weeks v. U.S.
Evidence obtained by police
illegally is not able to be
used by federal court aka Exclusionary Act
Mapps v. Ohio
Extended 4th Amendment by deciding that a search warrant is needed in order for evidence to be considered legitimate
Justice John Paul Stevenson's dissenting opinion:
the state of New Jersey did not in fact choose to include the 4th Amendment in their petition and therefore it is not the Court's role offer guidance on questions the parties did put at issue.
U.S. Supreme Court Case- 1985
Middlesex County, New Jersey
Vol XCIII, No. 311
New Jersey teen "T.L.O" sues NJ
Precedent Changing & Restraint Case
Are students' rights protected under the 4th Amendment?
Does the Exclusionary Act apply to students?
What rights do school administrators have when disciplining students?
Bethel School District v. Fraser
used T.L.O.'s case to affirm "...the constitutional
rights of students in public schools are not
automatically coextensive with the rights of adults
in other settings."
Used many times in the 1990s
- Use of metal detectors
- Protective searches in schools
- Right to scan airports
- Highway checkpoints for drunk drivers
New Jersey v. T.L.O
New Jersey Wins Lawsuit!
students are adolescents and therefore do not have the same rights as adults.
Under the 4th Amendment, students in public schools have a Constitutional right to privacy