As mentioned last week, the one aspect of testing students for drugs that amazed me is how many case decisions fall on either side of the argument. Here's one for the pros -- next week - we'll look at one for the cons..
New Jersey v. T.L.O., 469 U.S. 325 (1985) - In a far reaching case, a decision which upheld the Fourth Amendment was rendered. A lower court had ruled that the Fourth Amendment prohibited unreasonable searches and seizures in public schools. However, in a 6-3 decision delivered by Justice White, this decision was overturned in the Supreme Court. This case began when two female New Jersey students were caught smoking in the bathroom. Since one young woman denied her involvement, a search ensued, and during this search, marijuana was found. The TLO decision was unique in that it conceived a two-part test to be used when evaluating the legality of a search. As quoted in the court’s brief, “First, one must consider whether the… action was justified at its inception; second, one must determine whether the search as actually conducted was reasonably related in scope to the circumstances which justified the interference in the first place.” As defined by T.L.O. (the students initials), a search may begin when educators have a reasonable suspicion that conducting a search will uncover evidence showing that a student has violated the law.
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