Search & Seizure
Improper Searches And Seizures At Cleveland Schools
Seek Help from a Skilled Attorney
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 completely disregard constitutional protections against illegal search and seizure. At The Law Office of Daniel M. Margolis, LLC, a knowledgeable and experienced Cleveland education law attorney fights to protect the legal rights of students.
Over the course of his career as a lawyer, Daniel M. Margolis has acquired invaluable amounts of knowledge on all matters related to education law, especially with regard to a school’s ability to search a student or his property.
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 and when a violation of due process rights has occurred.
The following are some questions and answers about search and seizure in Ohio schools.
Q: Can a teacher search a student in Ohio?
- A: 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.
Q: Can schools search lockers?
- A: 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.
Q: Can schools search cars?
- A: Yes, if the car is on school property, and there is probable cause, the school can search your child’s car. The school does not need a warrant.
A Lawyer Who Knows How Search And Seizure Laws In Ohio Work
Our Cleveland criminal defense law firm is staffed with one of the most experienced and respected attorneys for improper search and seizure in Ohio. Our services can prove invaluable for students or parents facing a legal battle over such an issue. We provide a free initial consultation at any time.