TLO Applications Jon Akers, SAFETY NIGHTMARES”, Kentucky bar convention, 2014, ENDI-JM “SCHOOL Under these guidelines, those arguing against the validity of content searches of confiscated phones assume a heavy burden of persuasion because current judicial attitudes uphold school policies that are designed to uncover and prevent misconduct by students that, "materially disrup[t] classwork or involv[e] substantial disorder or invasion of the rights of others." Tinker v. Des Moines Independent Community School Dist., 393 The TLO standard has been applied to uphold a broad range of content searches that are U.S. 503, at 509 (1969). difficult to distinguish from the search of a phone. The contents of lockers (State v. Jones, 666 N.W.2d 142 (Iowa purses backpacks 2003)), (New Jersey v. TLO, 469 U.S. 325 (1985)), (DesRoches by DesRoches v. Caprio, 156 F.3d 571 (4th Cir. 1998)), cars and clothing (Enterprise City Bd. of Educ. v. C.P. By & Through J.P., 698 So.2d 131 (Ala. Civ. App. 1996)), (Thompson v. Carthage have all been upheld School Dist., 87 F.3d 979 (8th Cir. 1996) and In re William V., 111 Cal.App.4th 1464 (Cal. App. 1 Dist. 2003), when the educator has a reasonable suspicion for suspecting that the student has violated or is violating either the law or the rules of the school.
TLO Applications Jon Akers, “SCHOOL SAFETY NIGHTMARES”, Kentucky bar convention, 2014, ENDI-JM Under these guidelines, those arguing against the validity of content searches of confiscated phones assume a heavy burden of persuasion because current judicial attitudes uphold school policies that are designed to uncover and prevent misconduct by students that, "materially disrup[t] classwork or involv[e] substantial disorder or invasion of the rights of others." Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, at 509 (1969). The TLO standard has been applied to uphold a broad range of content searches that are difficult to distinguish from the search of a phone. The contents of lockers (State v. Jones, 666 N.W.2d 142 (Iowa 2003)), purses (New Jersey v. TLO, 469 U.S. 325 (1985)), backpacks (DesRoches by DesRoches v. Caprio, 156 F.3d 571 (4th Cir. 1998)), cars (Enterprise City Bd. of Educ. v. C.P. By & Through J.P., 698 So.2d 131 (Ala. Civ. App. 1996)), and clothing (Thompson v. Carthage School Dist., 87 F.3d 979 (8th Cir. 1996) and In re William V., 111 Cal.App.4th 1464 (Cal. App. 1 Dist. 2003), have all been upheld when the educator has a reasonable suspicion for suspecting that the student has violated or is violating either the law or the rules of the school.