Transcript The Impact of the U.S. Supreme Court`s Decisions in New Jersey v

The Fourth Amendment and
Students’ Rights in Public
Schools
The Fourth Amendment
Guarantees that . . .
“The right of people to be secure in
their persons, houses, papers, and
effects against unreasonable searches
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.”
New Jersey v. T.L.O.
The Court balanced students’ rights to
privacy against school officials’
responsibilities to maintain order &
discipline.
The T.L.O. Test for
Reasonableness
• The search must be justified at its inception.
• The search must be reasonable in scope,
i.e.,“the measures adopted are reasonably
related to the objectives of the search and
are not excessively intrusive in light of the
age and sex of the student and the nature of
the infraction.”
Issues T.L.O. Did Not Address
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Less Intrusive Searches (Lockers, Desks)
More Intrusive Searches (Strip Searching)
Need for Individualized Suspicion
Police Involvement in School Searches
The Exclusionary Rule
Less Intrusive Searches than
T.L.O.
• Locker Searches
• Desk Searches
• Automobile Searches
States with Legislation
Prohibiting Strip Searches in
Public Schools
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California
Iowa
New Jersey
Oklahoma
• South Carolina
• Washington
• Wisconsin
Vernonia v. Acton
The Court balanced the intrusiveness
of the search against the promotion of
legitimate government interests.
The Vernonia Test
• Need
• Expectation of Privacy
• Obtrusiveness of the Search
Issues Left Unresolved by
Vernonia
• Legality of random drug testing for students
involved in extracurricular activities.
• Legality of random drug testing for all
students.
• Need for individualized suspicion in
searches other than random drug testing of
student athletes.
Drug Testing before Vernonia
• Anable v. Ford (1985) (Ark. fed. ct.)
• Odenheim (1985) (New Jersey Super.)
Drug Testing after Vernonia
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Todd v. Rush (1998) 7th Cir. Ex-C .Legal
Trinidad (1998) (Colo.) Ex-C Illegal
Miller v. Wilkes (1999) 8th Cir. Ex-C Leg.
Willis (1998) (7th Cir.) All students
suspended. Illegal