Asked by malon
what was the constitutional issue in the New Jersey v. TLO, 1985?
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The constitutional issue was whether the Fourth Amendment’s prohibition on unreasonable searches and seizures applies to public school searches by school officials, and if so what standard governs those searches — the probable-cause standard that normally applies to police or a lesser standard.
The Supreme Court held (New Jersey v. T.L.O., 469 U.S. 325 (1985)) that the Fourth Amendment does apply in schools but school searches are governed by a more permissive “reasonable suspicion” standard. A search of a student is lawful if (1) it is justified at its inception (there are reasonable grounds to suspect it will turn up evidence of wrongdoing) and (2) it is reasonably related in scope to the circumstances that justified the interference (not excessively intrusive given the student’s age and the nature of the infraction).
The Supreme Court held (New Jersey v. T.L.O., 469 U.S. 325 (1985)) that the Fourth Amendment does apply in schools but school searches are governed by a more permissive “reasonable suspicion” standard. A search of a student is lawful if (1) it is justified at its inception (there are reasonable grounds to suspect it will turn up evidence of wrongdoing) and (2) it is reasonably related in scope to the circumstances that justified the interference (not excessively intrusive given the student’s age and the nature of the infraction).
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