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NCJRS Abstract

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NCJ Number: 165986 Find in a Library
Title: New Jersey v. T.L.O.: Supreme Court of the United States (From Exploring Delinquency: Causes and Control, P 29-33, 1996, Dean G Rojek and Gary F Jensen, eds. -- See NCJ-165981)
Editor(s): D G Rojek; G F Jensen
Date Published: 1996
Page Count: 5
Sponsoring Agency: Roxbury Publishing Co.
Los Angeles, CA 90049-9044
Sale Source: Roxbury Publishing Co.
P.O. Box 491044
Los Angeles, CA 90049-9044
United States of America
Type: Legislation/Policy Description
Language: English
Country: United States of America
Annotation: In New Jersey v. T.L.O. (1985), the U.S. Supreme Court held that public school officials do not need search warrants or probable cause to search or seize evidence from students.
Abstract: A school official seized, opened, and searched T.L.O.'s purse, finding evidence of marijuana possession and selling. In the juvenile court, T.L.O. moved to suppress the evidence found in her purse as well as her confession, which, she argued, was tainted by the allegedly unlawful search. The juvenile court denied the motion to suppress, holding 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. The New Jersey Supreme Court disagreed with the juvenile court's conclusion that the search of the purse was reasonable. The U.S. Supreme Court reversed the New Jersey Supreme Court, as it argued that a reduced standard for searching a student's person and possessions is justified because of the "substantial" government interest in maintaining a proper learning environment in which to educate children. In this case, as in several other related cases, the courts have affirmed that children in school do not have a "legitimate expectation of privacy." This decision reaffirms the principle that the rights of juveniles are distinctly different from those of adults.
Main Term(s): Juvenile court procedures
Index Term(s): Legal privacy protection; Right of privacy; Rights of minors; School searches; School security; Search and seizure laws; US Supreme Court decisions
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=165986

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