Podcast

New Jersey v. T.L.O.: Landmark Supreme Court Cases

Ep. 201619
77 minute listen

Does the exclusionary rule apply to searches conducted by school officials in public schools?

New Jersey v. T.L.O., The 1985 search and seizure case, at a high school in New Jersey, addressed standards for how school officials are to interpret Fourth Amendment rights. The original question that faced the court, interestingly enough, was not what the USSC eventually decided. Initially, the case was in regards to the exclusionary rule and how it applied to school officials. USSC justices, however, pulled back from that initial question, and instead focused on whether or not the Fourth Amendment even applied to school officials, and how it was to be applied to minor students. Also at issue is the definition and description of “reasonable suspicion,” as compared to “probable cause.” Interesting point of what might seem like legal trivia: in United States v. Place (1983) it was determined that a drug-sniffing dog is not considered a search. Beyond that, in relation to use of such dogs at schools, no reasonable suspicion is required in a school. This came up in response to a teacher question about drug-sniffing dogs operating at schools around students.

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