Landmark Cases: Search and Seizure

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Landmark CasesSearch and Seizure

• New Jersey v. T.L.O. (1985)

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Background Summary New Jersey v. T.L.O

• Piscataway High School, NJ
• Two girls smoking in the restroom, one (T.L.O.)
  denies allegation
• AP, Theodore Choplick instructs T.L.O. to turn
  over her purse
• Choplick finds cigarettes, continues to search,
  finds rolling papers, and finds the following
  items

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• A small amount of marijuana
• A pipe
• Empty plastic bags
• Significant amount of one dollar bills
• A list of students who owed T.L.O. money
• Letters implicating T.L.O

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What happened next

• T.L.O.s mother came to school, and took her
  daughter to the police station
• T.L.O. confessed to the police about selling
  marijuana
• T.L.O. wanted the evidence suppressed because the
  search violated the Fourth Amendment

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Juvenile Court of New Jersey

• Fourth Amendment applies to school officials
• School official may search if it has reasonable
  suspicion
• That a crime has occurred
• That a crime will occur
• To maintain school discipline
• To enforce school policies

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Question

• How are schools different than the police when
  searching individuals?
• Police must use probable cause to search
• Schools need only reasonable suspicion, and can
  search as long as the search is reasonably
  conducted

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Fourth Amendment

• The right of the people to be secure in their
  persons, houses, papers, and effects, against
  unreasonable search and seizures, shall not be
  violated and no warrants shall issue, but upon
  probable cause, supported by oath or affirmation,
  and particularly describing the place to be
  searched, and the persons or things to be
  seized.

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Majority Opinion Justice White

• School officials act as representatives of the
  state
• Warrants are unsuited to the school environment
• A search at school depends on reasonableness
• Searches at school should not be excessively
  intrusive

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Assignment

• At Boulder High School, 60,000 worth of
  surveillance equipment is able to keep track of
  students on school grounds, in the halls, and in
  class. In fact, the principal is able to
  manipulate the cameras to zoom in on groups and
  individuals.
• Is this constitutional?
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