The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, March 28, 1984
Reargument: Tuesday, October 2, 1984
Decision: Tuesday, January 15, 1985
Issues: Criminal Procedure, Search and Seizure
Categories: education, fourth amendment, searches and seizures

Advocates

Lois DeJulio (on behalf of the Respondent)
Allan J. Jones (on behalf of the Petitioner)
Lois De Julio (Argued the cause for the respondent)
Allan J. Nodes (Argued the cause for the petitioner)

Facts of the Case

T.L.O. was a fourteen-year-old; she was accused of smoking in the girls' bathroom of her high school. A principal at the school questioned her and searched her purse, yielding a bag of marijuana and other drug paraphernalia.

Question

Did the search violate the Fourth and Fourteenth Amendments?

Conclusion

No. Citing the peculiarities associated with searches on school grounds, the Court abandoned its requirement that searches be conducted only when a "probable cause" exists that an individual has violated the law. The Court used a less strict standard of "reasonableness" to conclude that the search did not violate the Constitution. The presence of rolling papers in the purse gave rise to a reasonable suspicion in the principal's mind that T.L.O. may have been carrying drugs, thus, justifying a more thorough search of the purse.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
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Decision: 6 votes for New Jersey, 3 vote(s) against
Legal Provision: Amendment 4: Fourth Amendment
Voted with the majority
Burger
Wrote a dissent, joined Stevens' dissent
Brennan
Wrote the majority opinion
White
Voted with the minority, joined Brennan's dissent, joined Stevens' dissent
Marshall
Wrote a special concurrence
Blackmun
Wrote a regular concurrence
Powell
Voted with the majority
Rehnquist
Wrote a dissent
Stevens
Voted with the majority, joined Powell's concurrence
O'Connor
Full Opinion by Justice Byron R. White

Cite this page

The Oyez Project, New Jersey v. T.L.O., 469 U.S. 325 (1985),
available at: <http://www.oyez.org/cases/1980-1989/1983/1983_83_712/>
(last visited ).