7. What does that look like in
schools?
Courts have reduced the burden on
the government to justify searches and
seizures on school grounds.
In New Jersey v. T.L.O. the Supreme
Court said that a school can search and
seize students’ possessions if there is
“reasonable suspicion.”
WHAT THE HECK IS THAT?
8.
9. What is “reasonable”?
Is the item the school is searching for really dangerous?
How reliable is the information?
How badly was the person’s privacy invaded?
Example: In 2009, a middle school student was asked to
undress so school officials could search her for Tylenol
based on another student’s unconfirmed tip. The Supreme
Court decided this was not reasonable because the drug
was not all that dangerous, the information was not that
detailed, and the intrusion on the student’s privacy was
severe. (Strafford v. Redding)
10. Discussion
Why is there reduced burden in
schools? Do you agree?
Are there other places, like
airports, were it also makes
sense to give the government
leeway to search people and
property?
11. Ticket Out the Door
The Strafford case was about
strip-search – the most intrusive
type of search. Under what
circumstances, if ever, do you
think a school can
constitutionally make a person
undress to be searched?