New Jersey v. T. L. O.

469 U.S. 325, 105 S. Ct. 733, 83 L. Ed. 2d 720, 1985 U.S. LEXIS 41, 53 U.S.L.W. 4083
CourtSupreme Court of the United States
DecidedJanuary 15, 1985
Docket83-712
StatusPublished
Cited by2,378 cases

This text of 469 U.S. 325 (New Jersey v. T. L. O.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New Jersey v. T. L. O., 469 U.S. 325, 105 S. Ct. 733, 83 L. Ed. 2d 720, 1985 U.S. LEXIS 41, 53 U.S.L.W. 4083 (1985).

Opinions

Justice White

delivered the opinion of the Court.

We granted certiorari in this case to examine the appropriateness of the exclusionary rule as a remedy for searches carried out in violation of the Fourth Amendment by public school authorities. Our consideration of the proper application of the Fourth Amendment to the public schools, however, has led us to conclude that the search that gave rise to [328]*328the case now before us did not violate the Fourth Amendment. Accordingly, we here address only the questions of the proper standard for assessing the legality of searches conducted by public school officials and the application of that standard to the facts of this case.

I

On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N. J., discovered two girls smoking in a lavatory. One of the two girls was the respondent T. L. 0., who at that time was a 14-year-old high school freshman. Because smoking in the lavatory was a violation of a school rule, the teacher took the two girls to the Principal’s office, where they met with Assistant Vice Principal Theodore Choplick. In response to questioning by Mr. Choplick, T. L. O.’s companion admitted that she had violated the rule. T. L. 0., however, denied that she had been smoking in the lavatory and claimed that she did not smoke at all.

Mr. Choplick asked T. L. O. to come into his private office and demanded to see her purse. Opening the purse, he found a pack of cigarettes, which he removed from the purse and held before T. L. O. as he accused her of having lied to him. As he reached into the purse for the cigarettes, Mr. Choplick also noticed a package of cigarette rolling papers. In his experience, possession of rolling papers by high school students was closely associated with the use of marihuana. Suspecting that a closer examination of the purse might yield further evidence of drug use, Mr. Choplick proceeded to search the purse thoroughly. The search revealed a smáll amount of marihuana, a pipe, a number of empty plastic bags, a substantial quantity of money in one-dollar bills, an index card that appeared to be a list of students who owed T. L. O. money, and two letters that implicated T. L. O. in marihuana dealing.

Mr. Choplick notified T. L. O.’s mother and the police, and turned the evidence of drug dealing over to the police. At [329]*329the request of the police, T. L. O.’s mother took her daughter to police headquarters, where T. L. O. confessed that she had been selling marihuana at the high school. On the basis of the confession and the evidence seized by Mr. Choplick, the State brought delinquency charges against T. L. O. in the Juvenile and Domestic Relations Court of Middlesex County.1 Contending that Mr. Choplick’s search of her purse violated the Fourth Amendment, T. L. O. moved to suppress the evidence found in her purse as well as her confession, which, she argued, was tainted by the allegedly unlawful search. The Juvenile Court denied the motion to suppress. State ex rel. T. L. O., 178 N. J. Super. 329, 428 A. 2d 1327 (1980). Although the court concluded that the Fourth Amendment did apply to searches carried out by school officials, it held that

“a school official may properly conduct a search of a student’s person if the 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.” Id., at 341, 428 A. 2d, at 1333 (emphasis in original).

Applying this standard, the court concluded that the search conducted by Mr. Choplick was a reasonable one. The initial decision to open the purse was justified by Mr. Choplick’s well-founded suspicion that T. L. O. had violated the rule forbidding smoking in the lavatory. Once the purse [330]*330was open, evidence of marihuana violations was in plain view, and Mr. Choplick was entitled to conduct a thorough search to determine the nature and extent of T. L. O.’s drug-related activities. Id., at 343, 428 A. 2d, at 1334. Having denied the motion to suppress, the court on March 23, 1981, found T. L. O. to be a delinquent and on January 8, 1982, sentenced her to a year’s probation.

On appeal from the final judgment of the Juvenile Court, a divided Appellate Division affirmed the trial court’s finding that there had been no Fourth Amendment violation, but vacated the adjudication of delinquency and remanded for a determination whether T. L. O. had knowingly and voluntarily waived her Fifth Amendment rights before confessing. State ex rel. T. L. O., 185 N. J. Super. 279, 448 A. 2d 493 (1982). T. L. O. appealed the Fourth Amendment ruling, and the Supreme Court of New Jersey reversed the judgment of the Appellate Division and ordered the suppression of the evidence found in T. L. O.’s purse. State ex rel. T. L. O., 94 N. J. 331, 463 A. 2d 934 (1983).

The New Jersey Supreme Court agreed with the lower courts that the Fourth Amendment applies to searches conducted by school officials. The court also rejected the State of New Jersey’s argument that the exclusionary rule should not be employed to prevent the use in juvenile proceedings of evidence unlawfully seized by school officials. Declining to consider whether applying the rule to the fruits of searches by school officials would have any deterrent value, the court held simply that the precedents of this Court establish that “if an official search violates constitutional rights, the evidence is not admissible in criminal proceedings.” Id., at 341, 463 A. 2d, at 939 (footnote omitted).

With respect to the question of the legality of the search before it, the court agreed with the Juvenile Court that a warrantless search by a school official does not violate the Fourth Amendment so long as the official “has reasonable grounds to believe that a student possesses evidence of illegal [331]*331activity or activity that would interfere with school discipline and order.” Id., at 346, 463 A. 2d, at 941-942. However, the court, with two justices dissenting, sharply disagreed with the Juvenile Court’s conclusion that the search of the purse was reasonable. According to the majority, the contents of T. L. O.’s purse had no bearing on the accusation against T. L. 0., for possession of cigarettes (as opposed to smoking them in the lavatory) did not violate school rules, and a mere desire for evidence that would impeach T. L. O.’s claim that she did not smoke cigarettes could not justify the search. Moreover, even if a reasonable suspicion that T. L. O. had cigarettes in her purse would justify a search, Mr. Choplick had no such suspicion, as no one had furnished him with any specific information that there were cigarettes in the purse. Finally, leaving aside the question whether Mr. Choplick was justified in opening the purse, the court held that the evidence of drug use that he saw inside did not justify the extensive “rummaging” through T. L. O.’s papers and effects that followed. Id., at 347, 463 A. 2d, at 942-943.

We granted the State of New Jersey’s petition for certio-rari. 464 U. S. 991 (1983). Although the State had argued in the Supreme Court of New Jersey that the search of T. L.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Blomstrom v. Tripp
Washington Supreme Court, 2017
Carabello v. New York City Department of Education
928 F. Supp. 2d 627 (E.D. New York, 2013)
C.B. v. Sonora School District
819 F. Supp. 2d 1032 (E.D. California, 2011)
Haley v. City of Boston
677 F. Supp. 2d 379 (D. Massachusetts, 2009)
United States v. Mitchell
681 F. Supp. 2d 597 (W.D. Pennsylvania, 2009)
Lessley v. CITY OF MADISON, IND.
654 F. Supp. 2d 877 (S.D. Indiana, 2009)
Rodriguez v. City of Cleveland
619 F. Supp. 2d 461 (N.D. Ohio, 2009)
Lyons v. Brady
587 F. Supp. 2d 327 (D. Massachusetts, 2008)
Doe v. Mercer Island School District No. 400
288 F. App'x 426 (Ninth Circuit, 2008)
State v. Martin
2008 VT 53 (Supreme Court of Vermont, 2008)
BJC v. State
992 So. 2d 90 (Court of Criminal Appeals of Alabama, 2008)
Platte v. Thomas Township
504 F. Supp. 2d 227 (E.D. Michigan, 2007)
Brown v. Plainfield Community Consolidated District 202
500 F. Supp. 2d 996 (N.D. Illinois, 2007)
United States v. Stewart
468 F. Supp. 2d 261 (D. Massachusetts, 2007)
Cottrell v. State
971 So. 2d 735 (Court of Criminal Appeals of Alabama, 2006)
Trujillo v. City of Ontario
428 F. Supp. 2d 1094 (C.D. California, 2006)
United States v. Weikert
421 F. Supp. 2d 259 (D. Massachusetts, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
469 U.S. 325, 105 S. Ct. 733, 83 L. Ed. 2d 720, 1985 U.S. LEXIS 41, 53 U.S.L.W. 4083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-jersey-v-t-l-o-scotus-1985.