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Gigliotti - Waddell

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FC: New Jersey v. T.L.O By: Joey Gigliotti & Matt Waddell

1: Table of Contents | Background .................................................................................... 2 Crucial Information ..................................................................... 6 Reaching the Supreme Court ................................................. 10 Aftermath ........................................................................................ 14 Citations .......................................................................................... 18

2: Background | T.L.O is a fourteen year old New Jersey freshman at Piscataway Township high school student who was caught smoking cigarettes in the school bathroom During this time period, 1980s, smoking was allowed at schools in the designated smoking areas, not inside the school itself

3: Background | The controversy starts when the girl was taken to the vice presidents office and was confronted about breaking a school rule; which she denied and said she had never smoked in her life Vice President Choplick then asked T.L.O into his private office where he confiscated her purse and went through it

4: Background | Vice President Choplick then asked T.L.O into his private office where he confiscated her purse and went through it Choplick found a pack of cigarettes and rolling papers; rolling papers are closely associated with marijuana use and so he continued his search only to find marijuana

5: Background | As Choplick continued his search he found a pipe, a large quantity of one dollar bills, empty plastic bags, and an index card that listed students who seemed to have owed T.L.O money. All of this put together gave Choplick the impression that she was dealing marijuana. He then called the police and the girls mother and she was taken to the police station

6: Crucial Information | T.L.O. was charged in juvenile court with possession of marijuana with intent to distribute She did not plead guilty and decided to go to trial to fight the charge T.L.O.’s lawyer, Frederick A. Simon filed two motions—a motion to dismiss the complaint and a motion to suppress the evidence

7: He argued that Assistant Vice Principal Choplick violated T.L.O.’s Fourth Amendment right to privacy when he searched T.L.O.’s purse; therefore, the evidence seized from the purse should not be used against T.L.O. at trial Assistant Prosecutor Lebrato won a key legal victory early on in Juvenile court; Judge George J. Nicola denied both motions It would be the first significant ruling in a long process of appeals all the way to the United States Supreme Court | Crucial Information

8: Crucial Information | Some courts ruled that the Fourth Amendment did not apply to school officials because they act in loco parentis (in the place of parents) Some had ruled that the Fourth Amendment applied but that the exclusionary rule did not Even if the search violated the student's Fourth Amendment rights, any evidence found could still be used against the student at a trial Some held that the Fourth Amendment applied but that the school official needed only reasonable suspicion to search. They did not need probable cause.

9: Finally, at least two courts had held that the Fourth Amendment applied and probable cause was required in order to search T.L.O. appealed Judge Nicola's decision to the next higher court, the appelate division of the Superior Court of New Jersey At that point Lebrato decided to hand the case over to the attorney general for the state of New Jersey He could have handled the appeal himself, but he had only recently graduated from law school | Crucial Information

10: Reaching the Supreme Court | The constitutional question in that the Justices had to think about was, did the search of T.L.O’s possessions violate her Fourth Amendment rights even though she was in a public school owned by the government? The unique part about this case is not about unreasonable searches, it is about the rights a student has once they enter government property. The Justices ended up claiming that students do lose some of their rights once they enter school doors In specific terms of this case, the court ordered that the presence of rolling papers in T.L.O’s purse gave way to reasonable suspicion that she may have possessed drugs and therefore that justified his reasoning to continue searching the purse

11: Reaching the Supreme Court | The Supreme Court Justices ruled 6 votes for New Jersey and 3 votes against The concurring opinion was from Justice Powell and Justice O’Connor, they said that they agreed with the Court’s opinion, but that students in primary and secondary schools should not have the same level of protection for search and seizures as adults and juveniles in non-school places

12: Reaching the Supreme Court | The dissenting opinion stated by Justice Brennan was that he also agreed with the majority reasoning, but disagreed with the probable cause approach. He explained in this quote:

13: Reaching the Supreme Court | "Today's decision sanctions school officials to conduct fullscale searches on a 'reasonableness' standard whose only definite content is that it is not the same test as the 'probable cause' standard found in the text of the Fourth Amendment. In adopting this unclear, unprecedented, and unnecessary departure from generally applicable Fourth Amendment standards, the Court carves out a broad exception to standards that this Court has developed over years of considering Fourth Amendment problems. Its decision is supported neither by precedent nor even by a fair application of the 'Balancing test of power' it proclaims in this very opinion." Justice Brennan

14: Aftermath | This led to an increased emphasis on drug screening and drug testing in schools The harsh reality of drugs and youth came into ploy in a school setting that really affected society on a large scale for the first time

15: Aftermath | The Supreme Court began using the same concepts that were brought up during New Jersey v. T.L.O when analyzing drug testing searches Unlike New Jersey v. T.L.O, in drug testing programs, there is no individual suspicion keyed to a particular person

16: Aftermath | From then on, students received less privacy than adults when it comes to belongings It was affirmed that schools can not search students without reasonable suspicion

17: Aftermath | The assertion of the Fourth Amendment was established, that students do not shed their right to privacy at the schoolgate

18: Citations | NEW JERSEY v. T.L.O.. The Oyez Project at IIT Chicago-Kent College of Law. 16 May 2012. . Persico, Deborah A. New Jersey v. T.L.O. Drug Searches in Schools. Berkeley Heights: Enslow Publishers, Inc. , 1998. Print. Landmark Supreme Court Cases. "New Jersey v. T.L.O." Wikipedia The Free Encyclopedia. N.p., 7 May 2012. Web. 23 May 2012. .

19: Citations

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  • By: Joe G.
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About This Mixbook

  • Title: Gigliotti - Waddell
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  • Published: over 4 years ago

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