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New Jersey v. T.L.O.

(1985)

Peter Wroblewski & Tanvi Patel

Period 4

May 26, 2015

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Background

  • 14 year old NJ student & her friend were found smoking in the bathroom
    • T.L.O. insisted that she was not in possession of cigarettes and that she did not smoke
  • Assistant principal searched purse and �discovered cigarettes and other items that inferred that the student was involved in dealing marijuana.

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T.L.O. v NJ to the Supreme Court

  • T.L.O. wanted to stop delinquency charges
    • Stated that the evidence seized from her purse should be excluded from investigation
  • Superior Court of New Jersey (Appellate Division) agreed with the denial of the motion to prevent evidence from being shown in trial
  • U.S. Supreme Court was granted a certiorari (higher court is able to review decision of a lower court)

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Issue Under Debate

Does the 4th Amendment clause apply to students?

  • Protection from unreasonable searches and seizures in schools

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Amendment IV

“The right of the people to be against... unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause”

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Majority Opinion

Delivered by Justice Byron White

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  • T.L.O. search was reasonable
  • Probable cause is not required for school officials
  • School officials should not be required to obtain a warrant to search students belongings when they are suspected of breaking school rules
  • Students should have a reasonable expectation of privacy when they come to school
  • Students breaking rules would interfere with the order and discipline of schools and may pose a threat to the safety of others in the school

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Justice Byron White

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Minority Opinion

Presented by Justice Brennan & Justice Marshall

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  • Evidence found from illegal search of T.L.O.’s belongings should be excluded from judgment of the NJ Supreme Court
  • Probable cause is necessary for a full-scale search
  • Used Fourth Amendment to state that T.L.O. was protected from unreasonable searches and seizures conducted by school officials

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Justice Brennan

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Concurrent Opinion

Written by Justice Harry Blackmun

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  • Agrees with majority opinion, but states that it forgets to emphasize a few points:
    • Balance between students’ needs for privacy and school’s need for a safe environment is important
    • Requiring a search warrant would slow down the investigative process
      • This could possibly make situation more dangerous as time passes

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Justice Harry Blackmun

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Concurrent Opinion

Justice Powell & Justice O’Connor

  • Agrees with majority decision
  • Place emphasis on characteristics of elementary and secondary school systems
    • Students shouldn’t have to be fully protected under constitutional rights that are given to people in a setting that are not in a school environment
  • Students within school system should expect less privacy

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Justice Powell

Justice O’Connor

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Final Ruling

  • Supreme Court voted 6-3 in favor of New Jersey
  • 4th amendment is not strictly applied to children and adolescents in school environment as it is to adults
  • School officials have a responsibility to maintain the discipline necessary for education
    • Warrant is not needed to justify a reasonable search

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Chief Justice Warren E. Burger

  • Born in Saint Paul Minnesota (1907-1995)
  • Strict Constructionist
  • Supported Gen Dwight in his Presidential election
  • President gave him the job of Justice Department Civil Division
    • 1955: Dwight assigned him to US court of appeals for District of Columbia
  • Nixon elected him for Supreme Court
  • Important cases: Brown v. Board of Education (1954) & Griswold v. CT
  • Brought the death penalty back

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Impact on Constitutional Law

  • Rights suspended in school
    • Supreme Court still recognizes an individual’s right to privacy
    • People’s rights are limited on school property
  • Impact on other cases: Bethel School District v. Fraser, 1986
    • Student delivered an explicit speech while nominating a student for elective office
    • Based ruling on NJ v. T.L.O.: “In New Jersey v. T.L.O. (1985)… we reaffirmed that the constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings.”

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Works Cited

"New Jersey v. T.L.O. 1985." Supreme Court Drama: Cases That Changed America. Ed. A Walton Litz, et al. Vol. 2: Capital Punishment/Criminal Law & Procedure/Family Law/Juries/Juvenile Law & Justice/Search and Seizure. Detroit: UXL, 2001. 426-431. U.S. History In Context. Web. 19 May 2015.

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"New Jersey v. T.L.O.Great American Court Cases. Ed. Mark Mikula and L. Mpho Mabunda. Vol. 3: Equal Protection and Family Law. Detroit: Gale, 1999. Opposing Viewpoints In Context. Web. 19 May 2015.

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"Warren E. Burger." Encyclopedia of World Biography. Detroit: Gale, 1998. Gale Biography In Context. Web. 19 May 2015.

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"Warren Earl Burger." The Judicial Branch of the Federal Government: Purpose, Process, and People. Ed. Brian Duignan. New York: Britannica

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Educational Publishing with Rosen Educational Services, 2010. 275-276. U.S. Government: The Separation of Powers. Gale Virtual Reference Library. Web. 19 May 2015.

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Image Citations

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http://tlovnewjerseyhf.weebly.com/uploads/1/6/4/7/16473742/8075949.jpg

https://lh5.googleusercontent.com/1qnR_lTTkBhxEobWrPB-qOdieydPuf8nM-zqvda2VI8t-bZxFx7y2ibapke1rKGvVJcV0pJUlgob1jp7qlKGULtaYdt6dZFf2wE8FVIcSwe9sXTCDZE

https://c1.staticflickr.com/9/8456/7940602096_de5aaa3328_b.jpg

http://watchdog.org/wp-content/blogs.dir/1/files/2013/03/School-Search.jpg

http://4e7221.medialib.glogster.com/media/28bc62ff60bdd76e302342923df275a9b6ac6b453ad0ac5f56228679dd2eee39/new-jersey-project-1.jpg

http://watchdog.wpengine.netdna-cdn.com/wp-content/blogs.dir/1/files/2014/01/scotus.jpg

http://images.dailykos.com/images/106601/large/Justice_Lewis_F_Powell_Jr.jpg?1411087148

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