New Jersey v. T. L. O.
New Jersey v. T. L. O. | |
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![]() Supreme Court of the United States | |
Argued March 28, 1984 Reargued October 2, 1984 Decided January 15, 1985 | |
Full case name | New Jersey v. T.L.O. |
Citations | 469 U.S. 325 (more) 105 S. Ct. 733; 83 L. Ed. 2d 720; 1985 U.S. LEXIS 41; 53 U.S.L.W. 4083 |
Argument | Oral argument |
Reargument | Reargument |
Case history | |
Prior | Defendant convicted sub. nom. State ex rel. T. L. O. 178 N.J. Super. 329, 428 A.2d 1327 (Middlesex County Ct., 1980); Affirmed, 185 N.J. Super. 279, 448 A.2d 493 (App. Div., 1982); conviction reversed 94 N.J. 331, 463 A.2d 934 (1983); cert. granted, 464 U.S. 991 (1983). |
Holding | |
The Fourth Amendment prohibition on unreasonable searches and seizures only partially applies to searches conducted by public school officials (administrators), and the search of student's purse was reasonable. | |
Court membership | |
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Case opinions | |
Majority | White, joined by Burger, Powell, Rehnquist, O'Connor |
Concurrence | Powell, joined by O'Connor |
Concurrence | Blackmun |
Concur/dissent | Brennan, joined by Marshall |
Concur/dissent | Stevens, joined by Marshall; Brennan (Part I) |
Laws applied | |
U.S. Const. amend IV |
New Jersey v. T.L.O., 469 U.S. 325 (1985), is a case in which the Supreme Court of the United States established the standard of reasonableness for searches of students conducted by public school officials in a school environment. The Court held that the Fourth Amendment to the U.S. Constitution, specifically its prohibition on unreasonable searches and seizures, applies to searches conducted by school officials. However, school officials do not need to have probable cause or obtain a warrant before searching a student. Instead, in order for a search to be justified, school officials must have reasonable suspicion that the student has violated either the law or school rules.
The case revolved around a public high school student who was searched for contraband after she was caught smoking.[1] A subsequent search of her purse revealed drug paraphernalia, marijuana, and documentation of drug sales. She was charged as a juvenile for the drugs and paraphernalia found in the search. She fought the search, claiming it violated the Fourth Amendment. The U.S. Supreme Court, in a 6–3 ruling, held that the search by the Piscataway Township Schools was reasonable under the Fourth Amendment.
Background[]
A teacher at Piscataway High School in New Jersey, upon discovering respondent, then a 14-year-old freshman, and her companion smoking cigarettes in a school lavatory in violation of a school rule, took them to the principal's office, where they met with the assistant vice principal. When respondent, in response to the assistant vice principal's questioning, denied that she had been smoking and claimed that she did not smoke at all, the assistant vice principal demanded to see her purse. After TLO was forced to hand over the purse, he observed a pack of cigarettes. assistant vice principal Choplick kept searching through the purse because rolling papers were in plain view, and his search revealed a small amount of marijuana, rolling papers, a pipe, empty plastic bags, a large quantity of money in $1 bills, an index card that appeared to list students who owed TLO money, and two letters that implicated TLO in dealing marijuana. The principal then called the police and the girl's mother, who voluntarily drove her to the police station. She was convicted of dealing and use of illicit drugs. She was expelled from the school and fined $1,000.
Court decision[]
The Supreme Court of the United States, in a 6–3 decision issued by Justice White, balancing between the legitimate expectation of privacy of the individual, even a child, and the school's interest in maintaining order and discipline, held for the appellant (the state). According to school officials, they do require a "reasonable suspicion" to perform a search.
Her possession of any cigarettes was relevant to whether or not she was being truthful, and since she had been caught in the bathroom and taken directly to the office, it was reasonable to assume she had the cigarettes in her purse. Thus, the vice-principal had reasonable cause to suspect a school rule had been broken, and more than just a "hunch" to search the purse. When the vice-principal was searching for the cigarettes, the drug-related evidence was in plain view. Plain view is an exception to the warrant requirement of the Fourth Amendment. Thus, the reasonable search for cigarettes led to some of the drug related material being discovered, which justified a search (including the zippered compartments inside the bag) resulting in the discovery of the cigarettes and other evidence including a small bag of marijuana and cigarette rolling papers.
Other opinions[]
In a separate concurring opinion, Justice Powell (joined by Justice O'Connor) stated that while he agreed with the Court's opinion, he felt that students in primary and secondary educational settings should not be afforded the same level of protection for search and seizures as adults and juveniles in non-school settings.[2]
Justice Brennan, joined by Justice Marshall, agreed with the majority's conclusions about the applicability of the Fourth Amendment to school teachers but dissented from the new standard set down by the Court, which he felt was a departure from the traditional "probable cause" approach.
Today's decision sanctions school officials to conduct full scale searches on a 'reasonableness' standard whose only definite content is that it is not the same test as the 'probable cause' standard found in the text of the Fourth Amendment. In adopting this unclear, unprecedented, and unnecessary departure from generally Fourth Amendment standards, the Court carves out a broad exception to standards that this Court has developed over years of considering Fourth Amendment problems. Its decision is supported neither by precedent nor even by a fair application of the 'Balancing test of power' it proclaims in this very opinion.[3]
Brennan went on to argue that for the government to justify a warrantless search, some "special governmental interest" outside of standard law enforcement interests was required. This idea was later adopted by the Court as the special needs doctrine.[4]
See also[]
- List of United States Supreme Court cases, volume 469
- Vernonia School District 47J v. Acton
- Board of Education v. Earls
- Safford Unified School District v. Redding
- Special needs exception
- Terry v. Ohio
References[]
- ^ New Jersey v. T. L. O., 469 U.S. 325 (1985).
- ^ T. L. O., 469 U.S. at 348-50 (Powell, J., concurring).
- ^ T. L. O., 469 U.S. at 354 (Brennan, J., concurring in part and dissenting in part).
- ^ Arcila, Fabio (2004). "Special Needs and Special Deference: Suspicionless Civil Searches in the Modern Regulatory State". Administrative Law Review. 56: 1228. Retrieved 17 November 2020.
External links[]
- Text of New Jersey v. T. L. O., 469 U.S. 325 (1985) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio) California State University, Stanislaus
- Summary on LandmarkCases.org
- United States Supreme Court cases
- United States Supreme Court cases of the Burger Court
- United States Fourth Amendment case law
- Student rights case law in the United States
- United States controlled substances case law
- 1985 in United States case law
- 1985 in education
- Piscataway, New Jersey
- Cannabis in New Jersey
- Education in Middlesex County, New Jersey
- Smoking in the United States