Court considers privacy rights in backpack search

At issue is whether school can look twice forweapons.

The Ohio COLUMBUS — Supreme Court is weighing the constitutionality of a student’s backpack search that authorities say led first to the discovery of bullets and later a gun.

At issue before the high court is whether a second search of the backpack violated the student’s privacy rights, which are generally weaker inside school walls.

Courts say schools need “reasonable suspicion” for a search, comparedtothehigher “probablecause” evidenceoutside of school settings.

A security official at Whetstone High School in Columbus searched the backpack in 2013 after it was found on a bus, according tocourt filings. The official conducted a second search after he recalled that the student had alleged gang ties, and found 13 bullets after dumping the bag’s contents, records show.

That search led to police beingcalledandthediscovery ofaguninanotherbagthestudent had, according to court records. The student, Joshua Polk, has been charged with possessing a deadlyweapon in a school safety zone.

The case is still pending. Prosecutors in Franklin County appealed after two lower courts tossed out the evidence againstPolkbecause of the second search.

The circumstances of the search can’t be justified, even in today’s environment with concerns about school shootings, the FranklinCourt appeals court ruled in January of last year.

“Rumors do not rise to reasonable suspicion, and mere affiliation with a criminal group does not constitute a crime or a justification for a search, even in a school,” Judge Jennifer Brunner wrote for the three-judge panel.

The high court scheduled arguments for Wednesday. A decision is months away.

ProsecutorsarguethatPolk, who was 18 at the time, gave uphisprivacyrightswhenthe bag was left on a school bus.

Not every discovery of a dangerous itemin a backpack means police shouldbecalled, said Seth Gilbert, an assistant Franklin County prosecutor.