NCJ Number
111814
Journal
Pepperdine Law Review Volume: 13 Issue: 1 Dated: (1985) Pages: 87-108
Date Published
1985
Length
22 pages
Annotation
A recent U.S. Supreme Court decision reflects the seriousness of the drug problem among youth and the attitude that school authorities and the courts are adopting to combat the problem in the schools.
Abstract
In New Jersey v. T.L.O., the Court examined whether the fourth amendment applies to searches conducted by public school officials and the proper standard for determining the reasonableness of such searches. The Court ruled that while the fourth amendment is applicable, searches by school officials require only that there be a reasonable suspicion rather than probable cause. This decision reaffirms the broad authority of school officials to conduct warrantless searches of students who are reasonably believed to have violated the law or a school rule. That authority, however, is limited to searches that are reasonably related to the objectives of the search and not excessively intrusive in light of the student's sex and age and the nature of the infraction. In addition, the decision reaffirmed that evidence seized from students in a warrantless search can be used against the student in both school disciplinary proceedings and criminal proceedings. While leaving a number of important fourth amendment questions unanswered, the Court's decision communicates to students and parents that school districts are serious about combatting drugs and violence in the schools, and that they have the Court's support in doing so. 146 footnotes.