1. Introduction to Federal Court System

2. Essential Vocabulary
judicial review: the power to interpret laws, to determine their meaning, and to settle disputes within the society.
precedent: court decision that stands as an example to be followed in future, similar cases.
jurisdiction: the authority of a court to hear a case.
criminal case: a case in which a defendant is tried for committing a crime as defined by the law.
civil case: a case involving a non-criminal manner, such as a contract dispute.

4. Should school officials have the right to search your property
Should school officials have the right to search your property? Why or why not?

5. New Jersey v. TLO (1985)
T.L.O. and a friend were caught in a school bathroom smoking in The two were taken to the principal’s office. T.L.O.’s friend confessed, but T.L.O. denied smoking all together.
The principal searched T.L.O.’s purse and found a pack of cigarettes, rolling papers, a pipe, marijuana, a large wad of dollar bills, and notes about deals she had made.
The police and parents were notified and she later confessed in the police station to selling marijuana on campus.

6. New Jersey v. TLO (1985)
Juvenile courts sentenced T.L.O. to a year’s probation until the New Jersey State Supreme Court appealed the decision, claiming T.L.O.’s 4th and 14th Amendment rights were violated.
They ruled that the evidence could not be used against her, nor could her confession, because they were based on an illegal search (the Exclusionary Rule).
No warrant was obtained with probable cause and the evidence was not in plain view. The case was then reviewed by the Supreme Court.

7. 4th Amendment: Protection from illegal Searches and Seizures
Must have warrant to search based on probable cause
14th Amendment: Rights of citizens to guaranteed Due Process
Due Process not followed → incriminating evidence dropped

8. Constitutional Issue:
Do students in school have the same rights under the 4th Amendment as adults?
Does “probable cause” have to be established for a search of a student in school? Or is “reasonable cause” enough?

9. Arguments for New Jersey
School officials act for the parents of students → do not need a warrant to make searches or seizures of evidence
School officials must have broad powers to control student conduct, including the powers of search and seizure
T.L.O.’s behavior gave school officials a reasonable basis for the search of her purse → the Exclusionary Rule doesn’t apply

10. Arguments for T.L.O.
Public school officials are employees of the state, not representatives of parents
School officials are public employees and so they are obligated to respect every student’s rights, including rights to privacy
Search of T.L.O.’s purse and the seizure of its contents were unreasonable acts, and they led to her confession → the Exclusionary Rule applies

11. What do you think the court decided?
Do students in school have the same rights under the 4th Amendment as adults?
Does “probable cause” have to be established for a search of a student in school? Or is “reasonable cause” enough?

12. Supreme Court’s Decision
The Court ruled by a margin of 6-3 in favor of New Jersey.
Justice Byron White wrote the Court’s opinion. White recognized that students have a constitutional right to privacy under the 4th Amendment, and that school officials are bound to constitutional restrictions.
But, the opinion also states that the rights of children and adolescents are not the same as those of adults, and that school officials have a responsibility to maintain the discipline necessary for education.

13. “The school setting… requires some modification of the level of suspicion of illicit activity needed to justify a search. … A school official may properly conduct a search of a student’s person if the official has a reasonable suspicion that a crime has been… committed, or reasonable cause to believe that the search is necessary to maintain school discipline…”
Justice Byron White

14. The Precedent of New Jersey v. T.L.O.
The Court’s decision would serve as a precedent in future cases. In Bethel School District v. Fraser (1986), the Court upheld school disciplinary action taken against a student who delivered a sexually explicit speech in his speech nominating a fellow student for elective office.
Although the case dealt with the 1st Amendment, rather than those of the 4th Amendment, the Court based the decision on the following: “In New Jersey v. T.L.O. (1985)... we reaffirmed that the constitutional rights of students in public school are not automatically coextensive to the rights of adults in other settings.”

15. The Precedent of New Jersey v. T.L.O.
In the 1990s, the T.L.O. decision was used in a number of Supreme Court cases to allow the use of metal detectors and protective searches in school.
The Court has compared these searches to airport scanning and highway checkpoints for drunk drivers.