ABA
We are all familiar with the T.L.O case. But who remembers who won?
The Principal/Supervisor
On May 15, 2006, a school nurse notified an assistant principal at Egg Harbor Township High School that a 10th grader is under the influence of drugs. When questioned by the school Nurse, he told her that he had taken a green pill purchased from defendant in class that day. When the Principal questioned the defendant, and he denied the accusations. He and the Assistant principal claimed they have a reason to search him. Which they found 3 more pills. (If read don't read again)
Was it allowed to search him?
Yes because they have sources that said he has sold them drugs.
Can the police check your lockers without a warrant in New Jersey
Yes, if they have probable cause because technically it is not your property.
What court case set the ground rules and specifications for searches and seizures in a school setting?
New Jersey v. TLO.
This case set down all the specifications on searches and seizures having to do with schools. It defined what position the school officials practicing these searches would have. It also defined what would be considered a violation of the 4th amendment since the rules were bent for the school systems.
There is a Linden School doing some spontaneous searches of students. They claim that it is for security reasons that they have these searches. Should this be legal?
The fact is that although it should seem not. It is very much legal to conduct these searches. The ordinance at the school specifically for searches and seizures states that a search with reasonable enough suspicion is permitted. This allows the spontaneous searches to be conducted with the proper school officials for potential contraband.
Vernonia school officals wanted to drug test all athletes, under this the parents of the student would have to sign a policy that allows them to get tested. They would pick a random 10 percent of athletes to get tested. Acton signed up to play football, but his parents refused the drug test. Which didn’t allow Acton to play football and then the parents sued claiming their suspicion violated his 4th amendment rights. What did the court side?
The court decided that the search was constitutional because the school has the responsibility to keep there students safe.
On May 15, 2006, a school nurse notified an assistant principal at Egg Harbor Township High School that a 10th grader is under the influence of drugs. When questioned by the school Nurse, he told her that he had taken a green pill purchased from defendant in class that day. When the Principal questioned the defendant, and he denied the accusations. He and the Assistant principal claimed they have a reason to search him. Which they found 3 more pills. (If read don't read again)
Then, they went to search his locker is this allowed as well?
Yes, because they a reasonable proof such as the drugs they found.
If a teacher ask to look at your phone for something bad on it, is it breaking your 4th amendment rights in NJ?
No, because they have probable cause that you have the picture.
Do school officials preforming these searches and seizures have a pass from the 4th amendment?
No.
They are cut some slack since the school environment is different than a society per say. There are things school are allowed to skip, like warrants, but only under the most specific circumstances. Although school officials preforming this act, might be representatives of the state, they do not have all the ability of police officers. Even though there are exceptions, it does not signify that there is more power given to school officials.
Although the school permits it can the case be taken to court for a violation of the 4th amendment?
Given that the US law states that in order for a search conducted at school, it needs to obtain incriminating evidence showing a violation of the law or of a school rule, it is possible that it can be taken to court. Although it is not likely since the school has special conditions of the search itself.
A student told school officals that a 13-year-old Redding was giving out prescription ibuprofen. The tip made the officals search the Redding and make her strip down to her underwear and show that there was nothing hidden in the underwear by shaking them out. Her family then sued the school. Did the official break the Redding’s 4th amendment rights?
The court decided with the Redding family because they believed the search was unreasonable by the uncertainty of the tip.
On May 15, 2006, a school nurse notified an assistant principal at Egg Harbor Township High School that a 10th grader is under the influence of drugs. When questioned by the school Nurse, he told her that he had taken a green pill purchased from defendant in class that day. When the Principal questioned the defendant, and he denied the accusations. He and the Assistant principal claimed they have a reason to search him. Which they found 3 more pills. (If red don't read again)
Now, the school officals want to check his car, which they do, which caused the defendant to sue saying it his property. Note to self that the car is parked on school property. What do you think the court decided?
They decided that the school officals had reasonable evidence to search the car since it was parked on school property.
In, New Jersey does the 4th amendment bend when used by school officals.
No, the school officals can not bend the 4th amendment as proved by the T.L.O case.
Under what type of circumstances are school officials allowed to preform searches and seizures on students?
Only under reasonable suspicion with the turn out of incriminating evidence violating school rules and/or laws.
Under any other clause would this search end up being a violation of the 4th amendment. These searches cannot be intrusive violating the privacy of the student if the search matter is far reaching in correlation. If the search and justification are too far in difference then the search is considered unlawful and a violation of the 4th amendment.
Why are these searches legal?
The only reason they are seemingly legal is because the searches are conducted for school property. The searches are conducted for the suspicion that students are carrying unsafe affects that could affect other students.