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ARTICLE · 06 OCTOBER 2022

Court Says Room Scans During Online Tests Violate Fourth Amendment

A federal district court in Ohio has declared the common practice of scanning rooms during online tests to be unconstitutional. The plaintiff was a student at Cleveland State University who was forced...

United StatesLitigation, Mediation & Arbitration

A federal district court in Ohio has declared the common practice of scanning rooms during online tests to be unconstitutional. The plaintiff was a student at Cleveland State University who was forced, because of health issues, to attend classes remotely. The university had a policy of allowing test proctors, at their discretion, to require students to scan their rooms before starting a test. This particular student objected, saying that he had confidential tax documents visible and that, because of the sudden notice, he did not have time to move them. When the proctor insisted, the student capitulated and then filed suit.

The court held that the room scan was a type of Fourth Amendment search, even though it was minimally intrusive. The court then turned to whether the state's interests outweighed the student's privacy concerns. The opinion accepted the university's concern about test integrity as important, but noted that it did not require room scans in all

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