Transcript T.L.O. vs. New Jersey 1985

By:
Adrienne Hardwig
Kelsi Teague
Kelina Seyferth
Ashlee Schaefer
Daltun Hasty
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March 7, 1980, a teacher at Piscataway HS in Middlesex
County, New Jersey, found T.L.O. and another girl smoking
in a restroom—a place that was considered a non smoking
area by the school (smoking was not prohibited—could
smoke in certain areas).
This resulted in a purse search done by the Vice- Principal
 Found marijuana, drug paraphernalia, and
documentation of drug sales.
Charged as a juvenile for drugs and paraphernalia.
Case was appealed to the Supreme Court of The United
State in March 28, 1984. It was decided on January 15, 1985
in Washington DC.
Stated that her fourth amendment rights regarding search
and seizure have been violated—but they had NOT been
violated and her charge still stayed.
(“New Jersey v. T.L.O.”)
NEW JERSEY
ARGUMENT
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Believe that the search
was responsible since she
was found smoking on
school property.
Therefore, there was
reasonable cause to suspect a
school rule had been
broken. When the viceprincipal was searching
for the cigarettes, the
drugs. Plain view is an
exception to 4th
Amendment.
T.L.O.
ARGUMENT
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(“New Jersey v. T.L.O.*”)
Believe that the Vice- Principal
had no probable cause to
believe that she had drugs in
her purse. Possession and use
of the cigarettes were not a
crime at the time. Didn’t think
even though a rule had been
broken, that they should have
a warrant to search her purse.
Also, even if the Vice Principal
did have a reason to check for
cigarettes, he should’ve
stopped once they were found
and not continued.
6 IN FAVOR OF NEW JERSEY
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Opinion wrote by Justice Byron White
Opinion stated 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. “The school
setting…requires some modification of the level of
suspicion of illicit activity needed to justify a search,”
White stated.
They feel her Fourth Amendment right was not violated.
(“Decision and Rationale”)
There was no previous case they used to form their decision; however, this case
set a precedent for other cases such as Bethel School District v. Fraser in 1986.
3 IN FAVOR OF T.L.O
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Wrote my Justice Brennan with Justice Marshall
They thought that after he opened the purse and
discovered cigarettes, the search should have been
over. They thought their was no probable cause to
continue to rummage through T.L.O’s purse.
They believe the Fourth Amendment applies.
(“Key Excerpts from the Dissenting Opinions”)
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We think that since they got caught smoking
and one of the girls already admitted to
smoking the assistant principal had the right to
search. They principal was suspicious and
wanted to keep the school a safe environment;
therefore, it should not go against the Fourth
Amendment Rights.
We agree with the majority opinion.
“Decision and Rationale.” New Jersey v. T.L.O. (1985). Web. 8
December 2010.
“Key Excerpts from the Dissenting Opinions” Street Law, Inc.
and the Supreme Court Historical Society. Web. 8
December 2010.
“New Jersey v. T.L.O.*. “ Civics Library of the Missouri Bar.
Web. 8 December 2010.
“New Jersey v. T.L.O.” Wikipedia. Web. 7 December 2010.