New Jersey v. T. L. O., 469 U.S. 325 (1985), is a landmark decision by the Supreme Court of the United States which established the standards by which a public school official can search a student in a school environment without a search warrant, and to what extent.
The case centered around a student at Piscataway High School in Middlesex County, New Jersey, known then only by her initials T. L. O., who was searched for contraband after she was caught smoking in a school bathroom. She was sent to the principal's office, where the vice principal searched her purse and found marijuana, drug paraphernalia, and documentation of drug sales. She was suspended from the school and charged by police for the paraphernalia found in the search, but fought the charges on the basis that the search of her purse violated the Fourth Amendment's prohibition against unreasonable search and seizure.
The New Jersey Superior Court affirmed the constitutionality of the search, but the Supreme Court of New Jersey reversed, holding that the search of her purse was unreasonable. On appeal to the U.S. Supreme Court, the Court held that the Fourth Amendment applies to searches conducted by school officials in a school setting. However, school officials do not need to have probable cause nor obtain a warrant before searching a student. Instead, in order for a search to be justified, school officials must have "reasonable suspicion" that the student has violated either the law or school rules. In a 6–3 decision delivered by Justice Byron White, the Court ruled that the school's search of T. L. O.'s purse was constitutional, setting a new precedent for school searches and student privacy.
Background
Prior case law
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures by federal and state governments.
Facts of the case
On March 7, 1980, a teacher at Piscataway High School in Piscataway, New Jersey discovered two 14-year-old freshmen smoking in the girls' bathroom in violation of school rules. The teacher brought the two to the principal's office, where they were questioned by assistant vice principal Theodore Choplick. One of the students admitted to smoking and was assigned to complete a three-day smoking clinic before being sent back to class, but the other student, whose initials were T. L. O., denied that she was smoking in the bathroom and said that she "did not smoke at all".
Choplick brought T. L. O. into his private office and demanded to see her purse.{ { refn|Sources conflict on whether T. L. O. voluntarily gave her purse to Choplick or whether Choplick seized it himself. While some sources say that T. L. O. "complied" with Choplick's order or that she "handed" her purse to him, others say that Choplick "grabbed" the purse. The Court's case opinion reads: Regardless, T. L. O. complying with Choplick's demand would not imply consent to be searched because T. L. O. was not informed of her right to withhold consent.<ref>State in Interest of T. L. O. 1980, at 335-336.</ref>|group=fn}} Upon opening it, Choplick found a pack of Marlboro cigarettes and rolling paper on top of the purse, which he associated with marijuana use. Believing a more thorough search "might yield further evidence of drug use", Choplick searched the rest of the purse, revealing a small amount of marijuana, a tobacco pipe, several empty plastic bags, an index card with the names of students who owed her money, and two letters implicating her in dealing marijuana. Choplick called T. L. O.'s mother and turned over the evidence found in T. L. O.'s purse to police. At the request of police, T. L. O.'s mother brought her to the police station for questioning, where T. L. O. admitted to selling marijuana at the school. T. L. O. elaborated that she had sold "approximately 18 to 20 marijuana cigarettes for a price of one dollar each" earlier that day.
T. L. O. received a three-day suspension from the school for smoking in a non-smoking area and an additional seven-day suspension for possessing marijuana on school property. The state brought delinquency charges against T. L. O. for the drugs and paraphernalia found in her purse.