School Search and Seizure Laws in Ohio
Ensuring schools honor the Bill of Rights for all
Schools have an obligation to ensure that illegal substances, weapons and other contraband never pass through their doorways. But that does not give schools the right to impose martial law on their students, or to completely disregard constitutional protections against illegal search and seizure. Over the course of his career as an attorney, Dan Margolis has acquired an invaluable amount of knowledge on all matters related to educational law, especially in regards to a school's ability to search and seize a student's property. At Margolis & Atzberger, LLC a knowledgeable and experienced attorney fights to protect the legal rights of students.
Drawing the line regarding search and seizure in Ohio schools
Schools do not have unlimited search and seizure power on their premises, but they do have considerable leeway. Part of understanding whether you have a valid search and seizure claim under Ohio law is knowing what schools have the right to do. Following are some questions and answers about search and seizure in Ohio schools.
Can a teacher search a student in Ohio?
In the landmark case New Jersey v. TLO, the U.S. Supreme Court ruled that the need for teachers and school administrators to maintain order outweighs the privacy of students. However, school searches must be justified and are limited to cases where "there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of school."
This usually means that random searches, or searches based on hearsay, are not justified.
Can schools search lockers?
If school officials have a reasonable suspicion of wrongdoing on the part of a particular student, they do not need a warrant or probable cause to search a locker.
Can schools search cars?
If your child is a minor, a school cannot search your car without your permission. And if your child is legally an adult, he or she may choose not to consent to a search unless the school has a warrant.
A lawyer who knows how search and seizure laws in Ohio work
Dan Margolis is one of the most experienced and respected school search and seizure attorneys in Cleveland, Ohio. His services can prove invaluable for students or parents facing a legal battle over such an issue. He is prepared to provide a free initial consultation at any time. Contact Margolis & Atzberger, LLC online or at 216-348-1000 today. His office is conveniently located just a few blocks from the Cuyahoga County Justice Center in Cleveland.