By: Arthur Benne*
Abstract
In response to the COVID-19 pandemic, teachers across the United States adapted to online instruction. Unable to physically watch students during exams, schools devised new methods to catch and prevent cheating. One method is called a “room scan,” in which the student uses a camera to show their surroundings before beginning an exam. One student, Amelia Ogletree at Cleveland State University, questioned whether room scans violated her Fourth Amendment rights against unreasonable searches. After being subjected to a room scan, Ms. Ogletree sued her university in federal court. Ms. Ogletree argued that because Cleveland State University is a government entity, the room scan equated to the government using a camera to investigate her bedroom without a warrant, a clear violation of the Fourth Amendment. The district court in Ogletree v. Cleveland State University agreed with Ms. Ogletree and ruled that the University had violated her rights. However, this decision was later vacated for procedural reasons, and the judiciary’s future treatment of this important constitutional question is uncertain.
For procedural reasons, the district court did not analyze whether Ms. Ogletree consented to the room scan, which is problematic because Ms. Ogletree’s conduct may indicate that she consented to the room scan. If future courts apply a consent analysis to this issue, they should consider the unequal power dynamics between teachers and students and require the student to know of their right to refuse the search. Regardless, universities should re-evaluate their online testing policies and make changes to ensure they do not unknowingly violate their students’ constitutional rights.
* J.D. Candidate, The Pennsylvania State University School of Law, 2025. Thank you to my fiancée and my parents. I could not have done it without your support.