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Ohio Supreme Court Says Searches of High School Students' Backpacks Are Legal

photo of Whetstone High School
WIKIMEDIA COMMONS
A 2013 search of a student's bag at Whetstone High School uncovered a gun.

The Ohio Supreme Court has unanimously ruled that a student’s constitutional rights were not violated by a search of an unattended book bag that led to the discovery of a gun.

In 2013, officials at Columbus’ Whetstone High School found a gun in 18-year-old Joshua Polk’s backpack. They were led to Polk after first finding bullets and an item that had Polk’s name on it in another bookbag left on a school bus.

Polk’s lawyer had sought to have the search of that first bag thrown out. But Franklin County Assistant Prosecutor Seth Gilbert told the justices last month it was perfectly legal.

“Schools have a heightened interest to maintain safety. Students have a reduced expectation of privacy. It doesn’t matter what the subjective motives are," Gilbert said.

Justice Sharon Kennedy wrote for the unanimous court that a compelling interest in protecting students makes Whetstone’s unwritten policy to search all unattended bags reasonable.

Karen is a lifelong Ohioan who has served as news director at WCBE-FM, assignment editor/overnight anchor at WBNS-TV, and afternoon drive anchor/assignment editor in WTAM-AM in Cleveland. In addition to her daily reporting for Ohio’s public radio stations, she’s reported for NPR, the BBC, ABC Radio News and other news outlets. She hosts and produces the Statehouse News Bureau’s weekly TV show “The State of Ohio”, which airs on PBS stations statewide. She’s also a frequent guest on WOSU TV’s “Columbus on the Record”, a regular panelist on “The Sound of Ideas” on ideastream in Cleveland, appeared on the inaugural edition of “Face the State” on WBNS-TV and occasionally reports for “PBS Newshour”. She’s often called to moderate debates, including the Columbus Metropolitan Club’s Issue 3/legal marijuana debate and its pre-primary mayoral debate, and the City Club of Cleveland’s US Senate debate in 2012.