Defendant was a student in school, and his unattended bag was first cursorily searched to identify the owner. Then it was dumped out to search because he was suspected to be a gang member. The school resource officers were state actors, and the second search was illegal, and it is suppressed. “The Fourth Amendment exists to be enforced, which means providing a remedy.” State v. Polk, 2016-Ohio-28, 2016 Ohio App. LEXIS 23 (10th Dist. Jan. 7, 2016).
Defendant’s affidavit gives enough information to get a hearing on standing in his own backpack and computer bag. The court will give him a hearing on standing in the vehicle, too, just to be cautious. United States v. Bethea, 2016 U.S. Dist. LEXIS 2352 (E.D.N.Y. Jan. 7, 2016).*