When Ohio public school student searches occur, those Ohio students are protected by the Fourth Amendment to the United States Constitution. The Fourth Amendment protects people in the United States from unreasonable searches and seizures. Students can be searched if there are reasonable grounds for suspecting the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.
Fourth Amendment To The United States Constitution
The Fourth Amendment To The United States Constitution states as follows:
“The right of the people to be secured in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Ohio Public School Student Searches Include Drug And Alcohol Tests
Ohio public school student searches include drug and alcohol tests. These tests are searches limited by the Fourth Amendment. Public schools can test students for drugs or alcohol if there is reasonable suspicion that the student has consumed alcohol or drugs. Reasonable suspicion exists if the student looked impaired and there was reliable information the that the student recently consumed alcohol or drugs.
Random Drug Testing Of Students Is Limited
Ohio schools cannot have a random drug-testing policy for all students. Ohio schools can have random drug-testing for students who participate in school activities, such as athletics, band and choir.
Attorney Daniel Gigiano. Experienced. Aggressive. Dedicated.
Attorney Daniel Gigiano was admitted to the practice of law in Illinois in 1993. He immediately began practicing as an assistant prosecutor working in a courtroom that focused on major traffic cases, such as DUI and driving under suspension, spending over one year focusing on the many issues in these cases. Attorney Daniel Gigiano then spent the next five years of his government practice working on misdemeanors, felonies, grand jury and preliminary hearings, juvenile delinquency cases, and abuse and neglect cases. In 1999, he was admitted to practice in Ohio. In 2000, he took his experience to a private practice in Wadsworth, Medina County, Ohio. Attorney Gigiano has maintained his private practice in Wadsworth since that time. Call now at 330-336-3330 if you need the services of an experienced Medina criminal defense attorney in Wadsworth.