Case and Law Review - Search and Seizure
Abstract
The Fourth Amendment is concerned with privacy along with search and seizure restrictions that apply in public schools, but, the Courts give school officials and police more flexibility to conduct searches in school. In this case and law review you will learn about two different cases where Courts balance a student’s privacy rights against the school’s interest in safety and student discipline. This means that students often have less protection against what they might perceive as unreasonable searches and seizures at school, than in other places. The Fifth Amendment is concerned with fundamental fairness. This means that school officials cannot hold or punish a student without stating the reason and providing an opportunity to contest the charges.
In the case of New Jersey v. T.L.O., a New Jersey high school student was accused of violating school rules by smoking in the bathroom, leading an assistant principal to search her purse for cigarettes. The vice principal found marijuana and other items that made it look like the student was dealing the drug. The student tried to have the evidence from her purse covered up. Her argument was that mere possession of cigarettes was not a violation of school rules; therefore, a desire for evidence of smoking in the restroom did not justify the search. Although the court concluded that the Fourth Amendment did apply to searches carried out by school officials, it held that "a school official may properly conduct a search of a student's person if the official has a reasonable suspicion that a crime has been or is in the process of being committed, or reasonable cause to believe that the search is necessary to maintain school discipline or enforce school policies ("New jersey v.," 1985)." Here the Court recognized two things. First, it reaffirmed the role of the school in loco parentis, but it also recognized that school officials are representatives of the State. The Supreme
The Fourth Amendment is concerned with privacy along with search and seizure restrictions that apply in public schools, but, the Courts give school officials and police more flexibility to conduct searches in school. In this case and law review you will learn about two different cases where Courts balance a student’s privacy rights against the school’s interest in safety and student discipline. This means that students often have less protection against what they might perceive as unreasonable searches and seizures at school, than in other places. The Fifth Amendment is concerned with fundamental fairness. This means that school officials cannot hold or punish a student without stating the reason and providing an opportunity to contest the charges.
In the case of New Jersey v. T.L.O., a New Jersey high school student was accused of violating school rules by smoking in the bathroom, leading an assistant principal to search her purse for cigarettes. The vice principal found marijuana and other items that made it look like the student was dealing the drug. The student tried to have the evidence from her purse covered up. Her argument was that mere possession of cigarettes was not a violation of school rules; therefore, a desire for evidence of smoking in the restroom did not justify the search. Although the court concluded that the Fourth Amendment did apply to searches carried out by school officials, it held that "a school official may properly conduct a search of a student's person if the official has a reasonable suspicion that a crime has been or is in the process of being committed, or reasonable cause to believe that the search is necessary to maintain school discipline or enforce school policies ("New jersey v.," 1985)." Here the Court recognized two things. First, it reaffirmed the role of the school in loco parentis, but it also recognized that school officials are representatives of the State. The Supreme
References: (2005). Chapter 12. students and student services (No. 12.14). Retrieved from website: http://www.pacode.com/secure/data/022/chapter12/chap12toc.html Fourth amendment - search and seizure. (2013). Retrieved from http://constitution.findlaw.com/amendment4/amendment.html (1975). Goss v. lopez (No. 73-898). Retrieved from website: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0419_0565_ZS.html Supreme Court of New Jersey, (1985). New jersey v. t. l. o. (No. 83-712). Retrieved from website: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=469&invol=325