By: Adrienne Hardwig Kelsi Teague Kelina Seyferth Ashlee Schaefer Daltun Hasty

 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, 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 T.L.O. ARGUMENT  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 vice- principal was searching for the cigarettes, the drugs. Plain view is an exception to 4 th Amendment.  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. (“New Jersey v. T.L.O.*”)

6 IN FAVOR OF NEW JERSEY  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  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”)

 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 “Key Excerpts from the Dissenting Opinions” Street Law, Inc. and the Supreme Court Historical Society. Web. 8 December “New Jersey v. T.L.O.*. “ Civics Library of the Missouri Bar. Web. 8 December “New Jersey v. T.L.O.” Wikipedia. Web. 7 December 2010.