The Fourth Amendment to the Constitution forbids unreasonable searches and seizures. State officials traditionally must have "probable cause" to believe a crime has been committed and that it was committed by defendant to search his property.
In State v. Best, the New Jersey Supreme Court an assistant high school principal learned a student suspected of being under the influence of drugs had obtained a pill from defendant. Defendant denied wrongdoing, and refused to call his father. The assistant principal searched defendant's car on school property, finding a liquid-filled syringe, a bag with white powder and a bag of suspected marijuana in the passenger compartment.
Defendant moved to suppress this evidence, claiming that the assistant principal did not have "probable cause" for the search and had violated the Fourth Amendment.
The trial court denied the motion, finding the search was reasonably related to a reasonable suspicion that additional drugs might be in the car, which would pose a real danger to the school community.
YOU BE THE JUDGE: Must a high school official have "probable cause" to search a student's car on school property?
Both the Appellate Division and the Supreme Court affirmed the decision of the trial court. The Courts held that the protection against unreasonable searches applies to minors. But "probable cause" is not the test -- a student's rights of privacy must be weighed against the duties of school officials to maintain order, safety and discipline. Thus, the appropriate standard for school searches on school property is whether the search is motivated by "reasonable grounds" to believe the student is concealing evidence of illegal activity.
The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our law firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Waldwick, Cliffside Park, Bayonne, Paramus, Westwood, Livingston, Lincoln Park, Fair Lawn, Essex Fells, East Rutherford and throughout Bergen County, Morris County, Passaic County, Essex County and Hudson County. Please contact us to discuss how we can help you protect your rights in a new lawsuit or provide a Asecond opinion@ about your pending lawsuit. There is no obligation for the initial consultation. Copyright Samuel D. Bornstein, P.A. 2008-2010.
In State v. Best, the New Jersey Supreme Court an assistant high school principal learned a student suspected of being under the influence of drugs had obtained a pill from defendant. Defendant denied wrongdoing, and refused to call his father. The assistant principal searched defendant's car on school property, finding a liquid-filled syringe, a bag with white powder and a bag of suspected marijuana in the passenger compartment.
Defendant moved to suppress this evidence, claiming that the assistant principal did not have "probable cause" for the search and had violated the Fourth Amendment.
The trial court denied the motion, finding the search was reasonably related to a reasonable suspicion that additional drugs might be in the car, which would pose a real danger to the school community.
YOU BE THE JUDGE: Must a high school official have "probable cause" to search a student's car on school property?
Both the Appellate Division and the Supreme Court affirmed the decision of the trial court. The Courts held that the protection against unreasonable searches applies to minors. But "probable cause" is not the test -- a student's rights of privacy must be weighed against the duties of school officials to maintain order, safety and discipline. Thus, the appropriate standard for school searches on school property is whether the search is motivated by "reasonable grounds" to believe the student is concealing evidence of illegal activity.
The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our law firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Waldwick, Cliffside Park, Bayonne, Paramus, Westwood, Livingston, Lincoln Park, Fair Lawn, Essex Fells, East Rutherford and throughout Bergen County, Morris County, Passaic County, Essex County and Hudson County. Please contact us to discuss how we can help you protect your rights in a new lawsuit or provide a Asecond opinion@ about your pending lawsuit. There is no obligation for the initial consultation. Copyright Samuel D. Bornstein, P.A. 2008-2010.
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