New Jersey vs T.L.O.
Background
Defense
T.L.O attempted to have the evidence from her purse concealed. She said that the search violated the 4th Amendment. She also tried to have her confession suppressed on the grounds that it was tainted by the unlawful search. The juvenile court rejected her arguments. It held that a school official may search a student if that official has a "reasonable suspicion that a crime has been or is in the process of being committed, or reasonable cause to believe that the search is necessary to maintain school discipline or enforce school policies." This is a lower standard than the "probable cause" standard, which is required when police conduct a search.
Tangible evidence, must be reasonable. Normally, law enforcement must obtain a search warrant from a judge, specifying where and whom they may search, and what they may seize, though in emergency circumstances, they may dispense with the warrant requirement..
A teacher at a New Jersey high school found a 14-year-old freshman, and her companion smoking cigarettes in a school bathroom. It was a violation of a school rule and took them to the Principal's office, where they met with the Assistant Vice Principal. In response to the Assistant Vice Principal's questioning, denied that she had been smoking and claimed that she did not smoke at all, the Assistant Vice Principal demanded to see her purse. When opening the purse, he found a pack of cigarettes and also noticed a package of cigarette rolling papers; he then proceeded to search the purse thoroughly and found marijuana, a pipe, plastic bags, a fairly substantial amount of money, an index card containing a list of students who owed respondent money, and two letters that implicated her in marihuana dealing. Soon after the State brought delinquency charges against T.L.O in the Juvenile Court. The Appellate Division of the New Jersey Superior Court affirmed the trial court's finding that there had been no Fourth Amendment violation. The New Jersey Supreme Court reversed and ordered the suppression of the evidence found in respondent's purse, holding that the search of the purse was unreasonable. T.L.O took it a step further to the supreme court to prove her innocence.
Prosecution
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Examination of a person's premises (residence, business or vehicle) by law enforcement officers looking for evidence of the commission of a crime, and the taking (seizure and removal) of articles of evidence (such as controlled narcotics, a pistol, counterfeit bills, a blood-soaked blanket).