Mora, supra; People v. United States, U. We feel that that is a workable standard. The arrest occurred after the student was caught smoking Marijuana; subsequent to her being caught, the high school administration enacted a search of both her and her belongings — as a result of the search, they discovered that she was indeed in possession of paraphernalia presumed to be drug-related: Our consideration of the proper application of the Fourth Amendment to the public schools, however, has led us to conclude that the search that gave rise to [p] the case now before us did not violate the Fourth Amendment.
Of late, the Court has acquired a voracious appetite for judicial activism in its Fourth Amendment jurisprudence, at least when it comes to restricting the constitutional rights of the citizen.
Accordingly, we here address only the questions of the proper standard for assessing the legality of searches conducted by public school officials and the application of that standard to the facts of this case.
Of course, New Jersey may insist on a more demanding standard under its own Constitution or statutes. Because the contents of T. TLO is in regards to a student being searched on school grounds because she was thought to be smoking in a non-smoking area of the campus.
Chief Justice Warren E. Such was the case in New Jersey v. The Supreme Court held 1 that the correct standard is one of reasonable suspicion rather than probable cause; 2 that the standard was violated in this case; and 3 that the evidence obtained as the result of a violation may not be introduced in evidence against TLO in any criminal proceeding, including this delinquency proceeding.
Young, supra; State v. The initial decision to open the purse was justified by Mr. Volunteering unwanted advice is rarely a wise course of action.
When respondent, in response to the Assistant Vice Principal's questioning, denied that she had been smoking and claimed that she did not smoke at all, the Assistant Vice Principal demanded to see her purse.
Against the child's interest in privacy must be set the substantial interest of teachers and administrators in maintaining discipline in the classroom and on school grounds. Plain view is an exception to the warrant requirement of the 4th Amendment.
Palmer, supra, at Applying this standard, the court concluded that the search conducted by Mr. Well, do you think it is open to us to deal with the reasonableness of the search? Thus, the reasonable search for cigarettes led to some of the drug related material being discovered, which justified a search including the zippered compartments inside the bag resulting in the discovery of the cigarettes and other evidence including a small bag of marijuana and cigarette rolling papers.New Jersey v.
T.L.O., U.S. (), is a decision by the Supreme Court of the United States addressing the constitutionality of a search of a public high.
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would arise some twenty years later once again in New Jersey v. TLO. The case of New Jersey v. TLO is in regards to a student being The State of New Jersey would then appeal to the United States Supreme Court. Warren E.
Burger was the Chief Justice presiding over New Jersey v. A case in which the Court held that a New Jersey public school principal has the right to search a student's purse without a warrant so long as the search is reasonable under the circumstances. Oyez About. Like the New Jersey Supreme Court, I would view this case differently if the Assistant Vice Principal had reason to believe T.L.O.'s purse contained evidence of criminal activity, or of an activity that would seriously disrupt school discipline.
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