Dissent
Justice Brennan, joined by Justice Marshall, agreed with the majority's reasoning regarding a balancing approach to school searches. He disagreed, however, with the new standard set down by the Court, which he felt was a departure from the traditional "probable cause" approach. He explained:
- "Today's decision sanctions school officials to conduct fullscale searches on a 'reasonableness' standard whose only definite content is that it is not the same test as the 'probable cause' standard found in the text of the Fourth Amendment. In adopting this unclear, unprecedented, and unnecessary departure from generally applicable Fourth Amendment standards, the Court carves out a broad exception to standards that this Court has developed over years of considering Fourth Amendment problems. Its decision is supported neither by precedent nor even by a fair application of the 'Balancing test of power' it proclaims in this very opinion."
Read more about this topic: New Jersey V. T. L. O.
Famous quotes containing the word dissent:
“The rightful claim to dissent is an existential right of the individual.”
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