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STATE IN INTEREST OF T.L.O.

94 N.J. 331 (1983)

463 A.2d 934

STATE IN THE INTEREST OF T.L.O., JUVENILE-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JEFFREY ENGERUD, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided August 8, 1983.

Attorney(s) appearing for the Case

Lois DeJulio, First Assistant Deputy Public Defender, argued the cause for appellant T.L.O. (Joseph H. Rodriguez, Public Defender, attorney).

Randolph A. Newman, Designated Counsel, argued the cause for appellant Jeffrey Engerud (Joseph H. Rodriguez, Public Defender, attorney).

Victoria Curtis Bramson, Deputy Attorney General, argued the cause for respondent State of New Jersey (State in the Interest of T.L.O.) (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Victoria Curtis Bramson and Mark Paul Cronin, Deputy Attorneys General, of counsel and on the brief).

Rocky L. Peterson, Deputy Attorney General, argued the cause for respondent (State v. Engerud) (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

Paula A. Mullaly, General Counsel, submitted a brief on behalf of amicus curiae New Jersey School Boards Association (State in the Interest of T.L.O.) (Paula A. Mullaly, attorney; Anthony P. Sciarrillo, on the brief).

Barry S. Goodman submitted a brief on behalf of amicus curiae American Civil Liberties Union of New Jersey (State in the Interest of T.L.O.) (Crummy, Del Deo, Dolan & Purcell attorneys).

The opinion of the Court was delivered by O'HERN, J.

The issues here are (1) whether the Fourth Amendment exclusionary rule applies to student searches made by public school administrators; and (2) what standard determines the reasonableness of the search if the exclusionary rule does apply.

T.L.O.

On March 7, 1980, a teacher at Piscataway High School reported that fourteen year old T.L.O. and another student were smoking in the girls' restroom....

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