Ohio statute allows schools to search students' lockers

SANDUSKY — Saturday marks the 20th anniversary of the Columbine school shooting.After the 1999 massacre, an Ohio statute allowing school staff to search students' lockers and property without needing their permission "gained traction," a lawyer who handles constitutional cases said. Enacted in 1995, a section of the Ohio Revised Code concerning "locker search policy" is widely referenced to justify searches of student property in schools, according to Cleveland attorney Jared Klebanow.The statute is still cited today, often for searches of student bags or lockers. The code allows education boards to create policies allowing a search of student lockers if school staff "reasonably suspects" a student's locker and its contents contain evidence of a "violation of a criminal statute or of a school rule," the code states.Alternatively, if a school posts notices around their buildings stating that lockers are subject to random search at any time, they don't need reasonable suspicion of criminal activity to search lockers, according to the code.The statute brings up questions about a student's privacy and their Fourth Amendment rights against unlawful search and seizure."It's a balancing act," Klebanow said.Student opinionsKlebanow said the government and schools ask students to realize the statute is there to protect them."Even if it's wrong, the hope is (students) may understand that even though they've done nothing wrong, that it's for the betterment and protection of students if another student has a weapon or drugs that could (harm them)," he said.Senior St. Mary's student George Gale said he understood why schools need to be able to search lockers."While students have a right to privacy, as with every American citizen, the school has a responsibility to ensure a safe and respectful environment for students to learn," Gale said.He cited a 1985 case, New Jersey v. T.L.O. — which concerned a school administrator searching a student's purse and finding marijuana. The U.S. Supreme Court ruled in favor of the school after the student challenged the search of her purse as unconstitutional.Jai'Shanti Hicks, a junior at Sandusky High School, also said searches are necessary for student safety. Hicks said the searches also deter drugs from being brought into school."I think if the school does not do locker searches more often, students will be comfortable and they will bring drugs and other inappropriate belongings on school property, putting others in danger," Hicks said.Police K-9sMany school districts periodically call on police drug-sniffing K-9s to search student's lockers and property for contraband.In Perkins Schools, Perkins police Officer Tonya Corbin works as a school resource officer. Corbin said when the school district requests a drug-sniffing dog, she'll accompany the K-9 and their handler and, if the dog "alerts" to potential drugs in a locker, school administrators will do the search.The same goes for students suspected of carrying drugs or other contraband."If we know a student has some kind of drugs on them, we'll notify the school administration," Corbin said.Assistant police Chief Vince Donald said a school resource officer is a police officer acting as a "liaison" to the school, and they don't have the authority to act as a school employee.Before conducting a search, police have to establish "probable cause." Klebanow said that's a higher standard to meet than the "reasonable suspicion" standard laid out in the statute.Challenges in Ohio courtsThe statute has already been challenged on several occasions.In 1997, Ohio's 11th district appeals court, in Warren, ruled on a Lake County case involving a student whose locker and property was searched by school officials after he was caught smoking in school. The locker search found a pipe with suspected marijuana residue.The student argued that the pipe couldn't be used in court as evidence because the locker search was unreasonable. Judge William O'Neill wrote that the school's search was reasonable and that the court could use the pipe as evidence.But O'Neill cited some concerns with the law."The government simply has no right to proclaim that, contrary to the right of privacy guaranteed by the United States Constitution, (students') personal articles will be subject to observation and dissemination by the adult community at will. It is hypocritical for a teacher to lecture on the grandeur of the United States Constitution in the morning and violate its basic tenets in the afternoon," O'Neill wrote.He specifically criticized the part of the statute that allows random locker searches in disregard to the "reasonable suspicion" standard. "It appears that (the locker search policy), as it authorizes searches of students and their belongings on anything less than a reasonable basis, is contrary to the Ohio and United States Constitutions."More recently, a 2017 case made its way to the Ohio Supreme Court after a student claimed their Fourth Amendment rights were violated by an administrator who searched their backpack.In State v. Polk, school administrators in a Columbus school found an unattended backpack, searched it and inside found the name of its suspected owner, along with bullets. A police officer found the student and stopped them in a hallway, and an administrator searched a backpack they were wearing and found a handgun inside.A trial court granted a motion by the student's attorney to suppress evidence of the bullets and gun because they claimed the searches violated the student's Fourth Amendment rights. In an appeal, Ohio Supreme Court justices overturned that decision and ruled that the school's searches were "reasonable" under the Fourth Amendment.Reach reporter Brandon Addeo at brandonaddeo@sanduskyregister.com, follow him on Twitter @BrandonAddeo and follow the Register at Facebook.com/SanduskyRegisterIn this 2016 photo, Sandusky police Officer Ed Ohlemacher and K-9 Onur perform drills during his certification process at the Erie County Fairgrounds in Perkins Township. Many schools periodically call on police drug-sniffing dogs to sniff student's lockers and property for contraband.