NCJ Number
110424
Journal
University of West Los Angeles Law Review Volume: 17 Dated: (1985) Pages: 25-52
Date Published
1985
Length
28 pages
Annotation
This paper explores prevalent school search and seizure practices and analyzes the public policy and procedural impact of the U.S. Supreme Court ruling in New Jersey v. T.L.O.
Abstract
In T.L.O. (1985), the Court ruled that school officials could search students on reasonable grounds and agreed with the lower court's decision that school officials are government agents rather than in loco parentis individuals. The Court also found that students have a legitimate expectation of privacy, but it did not provide any guidelines on implementation. The paper describes the facts and the holding in the T.L.O. case. The analysis of proper standards for judging reasonableness of a school official's search addresses issues such as in loco parentis, searches within the school setting, plain view doctrine, the scope of search, and good faith standard and exclusionary rule protection. The article concludes that the action taken in T.L.O. did not meet the threshold of diminished standard of cause to which schools generally adhere, which is reasonable cause. Because the search exceeded its scope, the exclusionary rule should be applied and the evidence seized be excluded. The author urges that appropriate standards and procedures be developed to guide school search and seizure and prevent irreparable damage to a student's future. 119 footnotes.