Case Study: New Jersey V.

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In 1985 a case the Supreme Court heard a case involving searches and seizure of student’s lockers and effects but the school need to show that “reasonable ground existed to believe that the search will uncover evidence of a violation of criminal law or regulation,” rather than the probable cause standard that applies in criminal proceedings. (Shmoop Editorial Team, 2008) Drug testing of students has since been upheld since the Supreme Court heard New Jersey v. T.L.O. This case began when a school administrator discovered marijuana on a student’s personal belongings while searching for cigarettes that were banned for students to have on school property. The courts ruled that students do have Fourth Amendments rights to freedom from unreasonable …show more content…

The district court granted the defendants' motion for summary judgment and dismissed the case. On the initial appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed. However, on rehearing before the entire court, the court of appeals held that Ms. Redding's Fourth Amendment right to be free of unreasonable search and seizure was violated. It reasoned that the strip search was not justified nor was the scope of intrusion reasonably related to the circumstances. In an 8 to 1 decision the Supreme Court ruled that the school had violated Redding’s Fourth Amendment rights because the “content of the suspicion failed to match the degree of the intrusion.” (Shmoop Editorial Team, 2008)The courts also said the school could not be sued because the laws on student searches were unclear in 2003, when the search took place. The Court clarified guidelines for intimate searchers: School officials must consider factors like the students age (Redding was 13 at the time of this incident) whether the drugs in question are dangerous enough to justify the search and if there was enough evidence to suspect that a student had hidden dangerous drugs in an intimate place on their body. The Redding case elaborates on the New Jersey v. T.L.O (1985) case were the courts said that schools have the right to search students’ possessions, including backpacks and lockers, if there is “reasonable suspicion” that a school rule/policy had been broken. However, the ruling didn’t mention anything about intimate body searches. (Shmoop Editorial Team,

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