NCJ Number
130996
Journal
School Safety Dated: (Spring 1991) Pages: 16-17
Date Published
1991
Length
2 pages
Annotation
The U.S. Supreme Court case of New Jersey v. T.L.O. (1985) raised issues addressed in a number of landmark cases pertinent to students' rights and the authority of school officials.
Abstract
The T.L.O. case arose when a teacher caught two students smoking in the girls' restroom. The defendant denied that she had been smoking. The assistant principal then searched her purse and found not only cigarettes but also marijuana and evidence of drug dealing as well. The defendant claimed that her fourth amendment right against unreasonable searches and seizures had been violated, and she petitioned the Court to have the evidence suppressed. The State of New Jersey argued that the fourth amendment was only intended to regulate searches and seizures by law enforcement officers and not those conducted by school officials, even though they are State agents. They made this argument on the basis of the Court's ruling in Ingraham v. Wright in which the Court held that the eighth amendment, which prohibits cruel and unusual punishment, does not apply to school discipline. Other related cases are Tinker v. Des Moines Independent Community School District which held that school officials cannot limit student conduct subject to the provisions of the first amendment; and Goss v. Lopez which held that the right to due process of law is applicable in a school setting. In T.L.O. the Court ruled that school officials are State agents and should be subject to the strictures of the fourth amendment; however, they may conduct warrantless searches of students based on reasonable suspicion rather than on the stricter standard of a search warrant based on probable cause as is required for searches by law enforcement officials. 15 notes