New Jersey Essay

It also applies to the conduct of public school officials. Applying this standard to the facts of this case, the Court held that the Fourth Amendment was not violated by the school administrator’s search. However, New Jersey’s highest court ultimately reversed, holding, in T. O.’s case, the school administrator’s conduct was not reasonable because the mere possession of cigarettes did not violate school rules. Supreme Court Vote: 6-3 Argued: March 28, 1984 Re-argued: October 2, 1984 Decided: January 15, 1985 Majority Opinion: Justice White Concurrences: Justice Powell, with Justice Day O’Connor Justice Blackmun Concurrence in Part and Dissent in Part: Justice Brennan, with Justice Marshall Justice Stevens, with Justices Marshall and Brennan The Court held that the Fourth Amendment’s prohibition on unreasonable searches and seizures is not limited solely to the actions of law enforcement personnel. However, the students’ expectation of privacy must be balanced against the needs of school authorities to maintain an educational environment. Second, the Court noted that the discovery of rolling paper provided reasonable suspicion that T. Since the school administrator’s actions were justified at the inception and were reasonably related in scope to the circumstances that justified the interference, the search was reasonable.

The teacher brought the two students to a school administrator, who questioned each of them.

and another student smoking cigarettes in the girls’ restroom in the school building in violation of school rules. Incorporation of the Fourth Amendment In several cases, the U. Supreme Court has incorporated various provisions of the Fourth Amendment, and related judicial rulings, to the states.

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Specifically, the Juvenile Court held that a school official may search a student if the official has reasonable suspicion that a crime has been or is in the process of being committed, or has reasonable cause to believe the search is necessary to maintain school discipline or enforce polices. Lower Court 2: Appellate Division (New Jersey State Court System) Lower Court 2 Ruling: Affirmed the Juvenile Court’s decision that there was no Fourth Amendment violation, but vacated the delinquency adjudication and remanded (sent back) the case to the Juvenile Court decide if T. Lower Court 3: New Jersey State Supreme Court Lower Court 3 Ruling: Agreed with the lower courts that the Fourth Amendment is applicable to the conduct of school officials; also agreed that school officials may conduct a warrantless search of a student when they have reasonable grounds to believe that a student possesses evidence of illegal activity or activity that interferes with school discipline and order. Whether evidence unlawfully seized by a school official – without involvement of law enforcement officials – should be allowed in as evidence at juvenile delinquency proceedings. As explained in the reasoning section below, the Court concluded that, under the circumstances of this case, the search of T. O.’s purse did not violate the Fourth Amendment to the U. However, the Court decided that the Fourth Amendment applies to school officials.

Her lawyer argued that the search of her purse was a violation of the Fourth Amendment. “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.” Lower Court 1: Juvenile and Domestic Relations Court of Middlesex County, N. Lower Court 1 Ruling: The Fourth Amendment applies to searches carried out by school officials, but a school official may conduct a search of a student’s person under certain circumstances. was found delinquent and sentenced to probation for one year. had knowingly and voluntarily waived her Fifth Amendment right against self-incrimination before confessing. in a lie did not justify rummaging through her purse. The Court did not address the issue of whether unlawfully seized evidence should be suppressed in a juvenile delinquency hearing.

Thus, the Fourth Amendment applies to their actions.

to the police station, where she confessed to selling marijuana. Public school teachers act as agents of the state, and not merely agents of the students’ parents.

A group of legislators* introduced A1504, Aid in Dying for the Terminally Ill Act in the New Jersey Assembly on January 9, 2018.

The bill was referred to New Jersey Assembly Health and Senior Services Committee and later transferred to the Judiciary Committee. A companion bill, S1072, New Jersey Aid in Dying for the Terminally Ill Act, was introduced on January 22, 2018.

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