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

Setting the Stage: Teacher/Student Simulation

(Note to teachers: If possible, complete this activity as a simulation at the beginning of class. Inform the student "suspect" ahead of time and make arrangements with one of the school's security guards. Don't show students the prepared questions. Instead, pretend that it is a real event. If you're not able to do so, have students read the conversation below and answer the questions.)

As you walk into class, you observe this conversation between your teacher and one of your classmates.

Teacher: "You smell like cigarette smoke. Have you been smoking?"

Student: "Me? No way, man, I don't smoke."

Teacher: "I don't believe you. Let me see your backpack. I'm going to call security and have them check it for cigarettes."

Student: "You're kiddin' me, right? I didn't do anything wrong. Plus, they can't search me without a warrant."

Teacher: "They can and they will. You're underage and it's illegal to smoke in school."

At this point, a security guard enters the room and approaches the student.

Security Guard: "Come with me and bring your backpack. We're going to search it."


Questions to Consider:

  1. What did you think about the event that just occurred? Was the student treated fairly?
     
  2. The student claimed that security can't conduct a search without a warrant. Do you think this is true? Why or why not?
     
  3. Do the rules that police must follow regarding searches apply to school officials? Should the same rules apply? Why or why not?
     


Transition:

This simulation was based on the events leading up to the Supreme Court case New Jersey v. T.L.O. Read the background and answer the accompanying questions. Next, make a prediction regarding the outcome of the case. Read the excerpt of the majority opinion and discuss the outcome as a class.

Resources
About landmarkcases.org
 
Teaching Recommendations
Based on Your Time

 
Background Summary
and Questions

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Reading Level
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Reading Level
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Reading Level

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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