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PATC Article Detail
Title:
Officer Acts As Agent of School In Search Case
Author:
Jack Ryan
ID:
LL116
Issue:
SU1-6
Issue Date:
2004-11-01
Edition:
School
Type:
Article
Body:
A question that often arises in school search cases is how the involvement of a police officer will impact the search requirements.
A recent case from Ohio considered this issue. In re Sumpter, 2004 Ohio 6513 (Ct. App. Ohio 5th Dist. 2004), involved the following facts. A teacher heard ěknockingî and whistling sounds that he associated with a signal made by students that they had something to sell, usually drugs. This noise prompted a student to request to go to the boys room. The teacher then went to the hallway and observed Sumpter, who turned and walked quickly away upon seeing the teacher. The teacher notified school officials as well as a city police officer who was assigned to the school full-time, Sumpter was taken to the assistant principalís office where he denied any involvement in narcotics. Following this denial, the assistant principal Ms. Fete requested that the police officer search Sumpter. Upon doing so, the officer found crack cocaine. Sumpter was arrested and found delinquent, he subsequently challenged the search. In reviewing the case the court noted that the officer was directed to conduct the search by a school official. As such, the officer was acting as an agent of the school official and was entitled to act based on the lower standard announced in N.J. v. T.L.O., 469 U.S. 325 (1985). The court found that the search here was reasonable.
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