New Jersey v. T.L.O. (1985)

You Decide: Is This a Legal Search?

Directions:

  1. Read each situation. Use the information in the excerpt of the majority opinion to help you complete the chart. For further assistance, visit "Ask Sybil Liberty about Your Right to Privacy."

  2. Answer the question, "Is this a legal search?" by placing an "X" in the appropriate space.

  3. Provide a brief explanation for your answer.
Situation Is this a legal search? Explanation
Yes No
School administrators receive a report that a member of the cheerleading squad is selling drugs. They confront her and tell her they are going to check her locker. Then they do so.      
Concerned over recent school shootings, the school board installs metal detectors in all local high schools and requires that all students walk through them in order to enter the building.      
After one second grader complains of having lost the $5.00 she got from the tooth fairy, teachers ask all of the students in her class to go into the locker room and remove their clothing so they may be strip-searched.      
Administrators receive a tip that members of two rival gangs plan to fight after school and that many of the members have brought knives and other weapons to school. The principal calls the police, who conduct a search of the suspicious students.      
Concerned about alcohol use at the school dance, school officials search the vehicles of all students who attend the prom.      
After receiving a report that a student has brought a gun to school, the principal and security guard bring the student to the office, frisk him, and ask to search his locker.      

For Extension:

At Boulder High School in Boulder, Colorado, $60,000 worth of surveillance equipment is able to keep track of students on school grounds, in the halls, and in class. In fact, the principal is able to manipulate the cameras to zoom in on individuals or groups of students.

Is this constitutional? Explain your answer below.

Resources
About landmarkcases.org
 
Teaching Recommendations
Based on Your Time

 
Background Summary
and Questions

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Reading Level
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Diagram of How the Case Moved Through the Court System
 
Listen to the Oral Arguments
 
Key Excerpts from the Majority Opinion
 
Key Excerpts from the Concurring Opinion
 
Key Excerpts from the Dissenting Opinions
 
Full Text of the Majority Opinion

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Activities
    The Case
Setting the Stage: Teacher/Student Simulation
 
You Decide: Is This a Legal Search?
 
How Do Students' Rights Compare to Adults' Rights?
 
Should the Exclusionary Rule Apply to Searches Conducted by School Officials in a School Setting?
 

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    After the Case
Real World Case Study: Vernonia and Earls
 
Search and Seizure WebQuest/Mock Trial
 

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    Additional
    Resources:
Ask Sybil Liberty about Your Right to Privacy
 
The ACLU's Student Rights Page
 
The American School Board Journal: School Law Archive
 
Search and Seizure Simulation and Discussion
 
Search and Seizure Simulation and Dramatization
 

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