State of Ohio v. Joshua Polk, Case No. 2016-0271
Tenth District Court of Appeals (Franklin County)
- Did a trial judge properly suppress from the evidence a gun found on a high school student who was searched as a result of an earlier search of an unattended book bag found on a school bus that had the student's name on an item in it and bullets in the bag?
- Does the exclusionary rule, which bars admissibility of evidence from an illegal search, apply to searches conducted by public school employees?
- To be a constitutional search, must a public school employee's search of an unattended book bag only meet the standard of being reasonable, or does the employee's intent determine whether the search is permitted?