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New Jersey v. T.L.O

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by

Elizabeth Fischer

on 27 May 2015

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Transcript of New Jersey v. T.L.O

Supreme Court votes 6 to 3
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
1914
Weeks v. U.S.
Evidence obtained by police
illegally is not able to be
used by federal court aka Exclusionary Act


1961
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.
$1.25

U.S. Supreme Court Case- 1985
Middlesex County, New Jersey
Vol XCIII, No. 311
Elizabeth Fischer
Overarching questions...
New Jersey teen "T.L.O" sues NJ
Precedent Changing & Restraint Case
Historical Impact

Are students' rights protected under the 4th Amendment?

Does the Exclusionary Act apply to students?

What rights do school administrators have when disciplining students?
1986
-
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
BUT
Full transcript