A case which may have national implications will be heard by the Ohio Supreme Court this session. The question(s) that it will raise is whether: (1) School employees are agents of the government and therefore governed by the Fourth Amendment; and (2) whether a school holds the special status similar to that of an Airport since it provides for the safety of children.
The facts of this case from Columbus, Ohio are:” On May 22, 2013, an indictment issued for Polk. The indictment alleged that, on February 5, 2013, Polk had possessed a gun in a school. Polk filed a motion to suppress the gun on June 5, 2014. The state responded. On September 17, 2014, the trial court held an evidentiary hearing on the motion to suppress. {¶ 3} A single witness testified at the hearing, a school security officer by the name of Robert Lindsey. Lindsey explained that he is not a police officer but that he is a safety and security officer employed by Columbus Public Schools and works at Whetstone High School. On February 5, 2013, when Lindsey was on duty, a school bus driver approached him with a book bag that had been left on a bus, seeking to have it returned to its owner. Lindsey testified that he opened the bag and was able to quickly determine that it belonged to Polk.1 However, he began to search further and dumped out the bag, “just to, you know, be precautious, [sic] that’s what we do.”2 (Tr. 6.) Lindsey said that when he saw Polk’s name, he remembered rumors that Polk was in a gang and he admitted he was thinking about that when he dumped out the bag. However, he also testified that he would have dumped out the bag and searched it, regardless of to whom it belonged, because even though there was nothing outwardly suspicious about the bag, it was unattended. {¶ 4} When Lindsey dumped out the book bag he found along with binders, books, and other school appropriate materials, several small caliber bullets. Lindsey notified the principal of what he found, and the principal in turn notified a Columbus Police Department (“CPD”) officer. The record is not clear about how soon after Lindsey found the bullets the next part of the investigation occurred. Lindsey testified that he thought (though he was not absolutely certain) that it was within 15 or 20 minutes that the principal, the CPD officer, and Lindsey acted together to find Polk. {¶ 5} The three men encountered Polk in a hallway full of other students. Because of the number of other students present, the three directed Polk to an empty classroom. The CPD officer told Polk he was going to place him in a hold, asked him not to resist, and then restrained Polk. With Polk restrained, the CPD officer directed Lindsey to search the bag Polk had been carrying when the trio encountered him. Lindsey did and found a pistol in the bag.”(Ohio 10th District Court of Appeals)
What makes this case interesting is that the Court segregated the three searches and ruled on each. The Court accepted the first search under the Abandoned Property exception. The second search was ruled unconstitutional and the last search was ruled inadmissible under the fruit of the poison tree doctrine.
The balance of the decision can be read at http://www.supremecourt.ohio.gov/rod/docs/pdf/10/2016/2016-Ohio-28.pdf