The Ohio Supreme Court reached a rather controversial decision on Thursday about the Fourth Amendment rights of students on public school grounds. The state’s highest court reversed the two lower courts’ decisions suppressing the evidence that was discovered during three warrantless searches of a student’s backpacks.

In short, the Ohio Supreme Court found that schools may conduct warrantless searches of unattended backpacks to identify who the bag belongs to, and ensure the bag does not contain dangerous items or pose a threat to student safety.

The underlying case involves the warrantless search of a backpack that was left on a school bus. The bus driver discovered the backpack and gave it to a school employee. That employee opened the backpack to discover who it belonged to (search #1), then took the bag to the principal, who dumped the bag out on his desk (search #2). Inside the backpack, identifying papers, books and folders were found, along with bullets. That’s when the police were called.

After law enforcement arrived, the backpack’s owner, a student, was located in the school’s hallways, and restrained. The backpack he was carrying was searched (search #3), revealing a handgun. The student was then arrested, and charged with bringing a firearm to school, which is a serious crime, even for a minor.

School Safety Beats Privacy Rights

Under the Fourth Amendment, individuals have a right to privacy which requires authorities to have probable cause and a warrant before conducting a search. However, this right is often limited to allow law enforcement to conduct cursory searches for weapons (such as during a pat down, or bag/purse screening).

While the state’s Supreme Court decision makes sense, the court’s opinion explains that the privacy rights of students must be flexible in order for schools to achieve the compelling public purpose of keeping school children safe. Particularly in this day and age, where an unattended bag or package can often result in the calling of a bomb squad, the court noted that schools are justified in both opening an unattended backpack to determine identity, as well as confirm that there are no dangerous items inside, such as weapons or explosive devices.

Related Resources:

  • Federal Court Says Schools Can Be Sued for Strip Searches (FindLaw’s Law and Daily Life)
  • School Violence and Weapons: Constitutional Rights of Students (FindLaw’s Learn About the Law)
  • 4th Circuit Lifts Transgender Bathroom Injunction; Landmark Case Ends Without Ruling (FindLaw’s Decided)
  • Detroit Teachers Settle Case Over Poor Building Conditions (FindLaw’s Decided)

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