Searches and Seizures in Public Schools: Going Beyond the Supreme Court's Ruling in New Jersey v. T.L.O.

Abstract

In 1985, the Supreme Court of the United States ruled, in the case of New Jersey v. T.L.O.,' that students in public schools have a legitimate expectation of privacy. Therefore, the Fourth Amendment of the U.S. Constitution (prohibition against unreasonable searches and seizures) applied to searches and seizures conducted by school officials.2 The court ruled, however, that school searches and seizures may be based solely upon reasonable suspicion and need not be based upon probable cause, the standard required by the Fourth Amendment in criminal cases. Finally, the Court ruled that when searches and seizures are conducted by school officials acting alone and on their own authority, the officials do not need a search warrant. The Court declined to address the question concerning whether students in public schools have a legitimate expectation of privacy (required to invoke the Fourth Amendment) in school lockers, desks, or other school property provided for the storage of school supplies, and it made no ruling regarding the standard to be followed by school officials, if any, when conducting searches and seizures involving school lockers and other areas.3 Since the Court's ruling,