EDL+585+group+presentation[1]

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Published on March 12, 2014

Author: Educationrobinson

Source: authorstream.com

New Jersey v. TLO : New Jersey v. TLO Azusa Pacific University, EDL 585 Patrinia Redd, Heather Schott, Renell Robinson, Michelia McDonald Background Information: New Jersey v T.L.O. A New Jersey high school teacher caught a female student smoking which sparked a search of her purse. During the search, school administration found Marijuana, cigarettes, other paraphernalia, and an index card which led to suspicion that the student was distributing to others on campus. Background Information The Decision: Charges were then brought against the student by the State, wherein the student was found guilty. The student appealed the findings and requested to have the evidence suppressed due to violation of her fourth amendment rights. The Fourth Amendment is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. The original decision was upheld by the U.S. Supreme Court The Decision The Appellate Court : Original purpose of appellate court was to alleviate the workload of the state’s higher courts. So the primary function of this court was to review the decisions of lower level trial courts Primary role: Review individual decisions and errors of tribunal courts Develop law for general application for future cases Provide consistency and quality decisions Generally considered the court of last resort for most litigations, and only a small percentage will be allowed to petition for additional review by a higher court ( Doerner & Markman , 11). The Appellate Court Appellate Process: In New Jersey v TLO, defendant believed the property search was illegal As a result of the illegal search, the evidence found in her purse should not have been allowed as evidence At the appellate court, the decision was upheld that the student’s 4 th amendment rights were not violated An additional appeal was filed, and was reviewed by the Supreme Court for a final decision ( Barnett, 2). Appellate Process U.S. SUPREME COURT DECISION Justice White:  The Supreme Court found that in the case of New Jersey v.TLO, that the school officials did not violate the Fourth Amendment. The Supreme Court found that if school officials have reasonable suspicion that a crime was being committed or in the process of being committed then officials had the right to enforce school policies. U.S. SUPREME COURT DECISION Justice White Concurring Opinion: Concurring Opinion Justice Powell and O’Connor agreed with the courts decision but felt that students are not given the same rights as adults and juveniles in a non school setting. Since students are in school a majority of their day they have even less privacy. Justice Blackmun agreed with the court that search based on probable cause allows school officials to create a safe environment in a threatening situation to children and teachers. Opinions Justice Brennan, Marshall, and Stevens: Opinions Justice Brennan, Marshall, and Stevens Consenting Balancing approach to school searches. Warrants are not required to conduct searches at school. Dissenting Search based on probable cause does not authorize school personnel to a full-scaled search of a student’s belonging. Education Today : New Jersey v T.L.O affected education today in that: Schools do not need to have probable cause or search warrants to search students Schools DO NEED to have reasonable suspicion. There must be reasonable grounds for suspecting the search will turn up evidence that this student has or will violate school rules This search must be reasonably related to objectives of the search and must not be excessively intrusive. Schools may also search students if there is reasonable suspicion that others are in danger. Education Today Education Today (Continued): Only school officials can search students based on reasonable suspicion. Law enforcement must NOT search students without a search warrant or probable cause. School officials and Law enforcement officers may search students if students give consent. It is not required to advise students that they have the right to refuse Education Today (Continued) Resources: Cornell University School of Law (1985). New Jersey v. TLO. Retrieved from: http://www.law.cornell.edu/supremecourt/text/469/325#writing-USSC_CR_0469_0325_ZX Ehlenberger, K.R. (2001). The Right to Search Students. Understanding the Law, 59(4) . http://www.ascd.org/publications/educational-leadership/dec01/vol59/num04/The-Right-to-Search- Students.aspx Resources

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