New Jersey V T.L.O Case Overview

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Judge Blackmun, who had delivered a concurring opinion, had referred back to Brown v. board of Education stating that, “education is perhaps the most important function of government,” Blackmun believed that it is the government’s responsibility to protect students at a heightened level since they are compelling the students to go to school. He says, “The special need for an immediate response to [bad] behavior… justifies the Court in excepting school searches from the warrant and probable cause requirement.” Judge Blackmun’s idea is that school officials can perform a search without a warrant or probable cause. This is only as long as they have a substantial reason to believe a crime has been or will be committed. The Court lifted the warrant and probable cause requirements for schools as an act of protecting the students to maintain a suitable learning environment. Judge Powell also had a similar stance on the Court’s opinion saying, “when there are reasonable grounds for suspecting that search will turn up evidence that the student has violated or is violating either the law or the rules of the school, a search of the student’s person or belongings is justified.” Powell is saying that school officials are allowed to search students if they are under suspicion of violating school policy. In other words, a school principal has the right to search a student for the same reason a manager can search an employee. Since both managers and principals are responsible for the establishment they runt it is there duty to keep it safe. In the workplace when mangers suspect an employee of wrongdoing, and later on prove it, the employee would not necessarily face criminal proceedings but would ultimately be fired. Unlike in a school, where a student’s punishment would end up in the hands of the authorities and punishment by the school. In the dissenting opinion,
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