The missing money was never located. 361 (Ct. of App., 1st Dist. Although she wore a jacket with her academy's patch sewn on the sleeve and an American flag patch attached to the other sleeve, she did not wear the uniform of any law enforcement agency. Defendant Knox's sole participation in the incident occurred on December 9, 1974, when, while speaking at a formal meeting of the School Board, he defended the legality of the search in issue. It is equally apparent that in the fulfillment of their statutorily imposed duties these school officials could and should use their human senses to detect conditions that were violative of the good order of the school. See, M. v. Little and her dog were accompanied by a school official and a Highland Police officer during her portion of the inspection, limited only to the Senior High School. Mapp v. Ohio, 367 U.S. 643 (1961). Realizing fully that the military cases are not dispositive of or binding precedent on the issues raised here, the history of the manner in which the Court of Military Appeals has approached the problem is revealing. Defendant Knox, who in December of 1974, was the Superintendent of Schools of the Auburn Enlarged City School District, has moved for a summary judgment in his favor. No fault is found with requiring a student to empty clothing pockets and/or purses upon the alert of a properly trained dog conducted by a properly trained person. The conclusion reached in the Warren case, that of finding state action, seems to be the more logical one, especially when the Monroe-Burton principles are applied to the facts of this case. 259 (1975). U. S. v. Ramsey,431 U.S. 606, 97 S. Ct. 1972, 52 L. Ed. 47 (N.D.N.Y 1977) Searches of Places Students have a limited expectation of privacy of areas such as lockers, which are owned and jointly controlled by the school. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. 47 (N.D.N.Y. Nor does the fact that the officials had no information about specific students and drug possession invalidate the use of the dogs. Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. At Great Lakes Skipper, we stock the parts you need to keep your Lund aluminum bass boats looking their best. 1974), cert. CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. During an eight hour day, students must move from room to room, attending classes designated by the administration and taught by teachers hired by the school system. 1977) (applying standard of "reasonable grounds" based on "articulable facts"); Moore v. Student Affairs Comm. [6] Although it was not properly defined at trial, a body search was something less than the nude search that plaintiff complains she was subject to. However, this Court has serious reservations as to whether there were sufficient facts to justify a full body search of this plaintiff at the time it was conducted. Being aware of prior complaints from class members of missing money, lunches, and other items, and knowing that no one had left the class-room that morning, defendant Reardon commenced a search of the class, with the aid of fellow teachers and school officials, all of whom are named as defendants herein. They often accompany police officers on night patrol in detection through sound and scent of would-be criminals lurking in the dark or moving in stealth. In the execution of this plan, the school officials sought the aid of other trained persons who had relevant talents from various community resources. School Dist., supra at 478-79; People v. Scott D., supra, 34 N.Y.2d at 490; Bellnier v. Lund, supra at 53.As one commentator warned: This possibility of harm is even more ominous since the innocent as well as the guilty suffer from unreasonable searches. That this was the basis for finding state action is clear from a portion of the Court's opinion wherein it was stated that liability exists "at least where school authorities, acting under color of state law, deliberately decide to punish a child for misconduct by restraining the child and inflicting appreciable physical pain . (2 times) View All Authorities Share Support FLP CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. Because this Court has ruled that the nude body search of plaintiff was in violation of the Fourth Amendment and thus unlawful, the request now becomes similar to a prayer for injunctive relief against a criminal act and therefore unnecessary. *1024 In conducting the pocket search, as well as the other searches in question, the school officials clearly were not concerned with the discovery of evidence to be used in criminal prosecutions, but rather were concerned solely with the elimination of drug trafficking within the schools. The Supreme Court established in New Jersey v. T.L.O. Although each of those cases dealt with the search of objects rather than of persons, as in this case, the same test of reasonableness applies. 1971), with Warren v. National Ass'n of Sec. Moreover, the decision to strip search an individual student was solely the responsibility of the school officials. This Court first distinguishes Katz from this case on the basis that this is not a police action and second, that the students did not have a justifiable expectation of privacy that would preclude a school administrator from sniffing the air around the desks with the aid of a trained drug detecting canine. Otherwise, the phrase "acting under color of state law" would be a mere surplusage, since it was previously specified that the acts of school officials were in issue. ", 97 S. Ct. 2486. Cal. On the morning of December 6, 1974, plaintiffs and their classmates, members of the fifth grade class at Auburn's Lincoln Elementary School, arrived at the classroom in their usual fashion. Rptr. This meeting was attended by school administrators of the Senior and Junior High Schools and by members of the Highland Police Department. Being aware of prior complaints from class members of missing money, lunches, and other items, and knowing that no one had left the class-room that morning, defendant Reardon commenced a search of the class, with the aid of fellow teachers and school officials, all of whom are named as defendants herein. 2d 419 (1970). The teacher of the class, defendant Reardon, stood at or near the classroom door during this time while the student teacher, defendant Olson, remained inside the classroom. Again, the trainer and dog were in the rooms at the request and with the permission of the school administrators. 780 (D.S.Dak.S.D.1973). 1985. First, the government *1023 official must have probable cause to believe that the law has been or is being violated. 102 (1972); Doe v. State, 88 N.M. 347, 540 P.2d 827 (1975); People v. Scott D., 34 N.Y.2d 483, The superior court's concern with the teacher's duty and the doctrine of in . The students were then asked to empty their pockets and remove their shoes. And, generally, the Fourth Amendment makes two demands of a government official wishing to carry out a search. Resolution of this question, however, is not necessary for purposes of this motion. However, in that case, the corporal punishment was specifically authorized by both state law and a local school board regulation. 1975) (dissent); State v. Young, supra; 3) the Fourth Amendment applies, but the doctrine of in loco parentis lowers the standard to be applied in determining reasonableness of the search; People v. Singletary, 37 N.Y.2d 310, 372 N.Y.S.2d 68, 333 N.E.2d 369 (1975); People v. D., 34 N.Y.2d 483, 358 N.Y.S.2d 403, 315 N.E.2d 466 (1974); In re W.,29 Cal. Dogs have long been used in police work. McKinnon, 88 Wash.2d at 81, 558 P.2d at 784; accord Bellnier v. Lund. This is an action whereby the plaintiff children, through their parents comme next friends, seek redress for an allegedly unlawful strip search claimed to have been conducted or condoned by defendants, all of whom are employed by the Auburn Enlarged City School District in one capacity or another. 1971). She was quietly escorted to a nurse's station in the Junior High School and was asked to remain in the waiting room. Students were instructed to sit quietly in their seats with their hands and any purses to be placed upon their desk tops while the dog handler introduced the dog and led it up and down the desk aisles. The students were there ordered to strip down to their undergarments, and their clothes were searched.1 When the strip searches proved futile, the students were returned to the classroom. 47, 53 (N.D.N.Y.1977). Such a regulation of a student's movement in no way denies that person any constitutionally guaranteed right. Subjecting a student to a nude search is more than just the mild inconvenience of a pocket search, rather, it is an intrusion into an individual's basic justifiable expectation of privacy. 2d 214 (1975), reh. [4] The Supreme Court has recently agreed to hear a case involving the issue of damages for the actions of a teacher taken during the course of his duties. In such a case, there must be adherence to the protections required by the Fourth Amendment. In a proper case, the conduct of a properly trained dog standing alone can provide the necessary basis for probable cause. and State v. Except for the five minute interval when the canine unit entered the room, plaintiff and all other students were exposed only to a longer than normal first period class. On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N. J., discovered two girls smoking in a lavatory. People trafficking in illegal narcotics often attempt to conceal the odor. 1998 -NMCA- 51, Kennedy v. Dexter Consolidated Schools, No. School officials fulfilling their state empowered duties will not be held to the same standards as law enforcement officials when determining if the use of canines is necessary to detect drugs within the schools. There can be no doubt that, as the plaintiffs state, the notion that an infant student sheds all of his constitutional rights when he enters the school house door is steadily being dispelled by the courts. 1981 et seq. It is well known that a patrol dog is endowed by nature with qualities of hearing and smell that appear to be superior to those of humans. [9] Notes, Constitutional Limitations On The Use of Canines to Detect Evidence of Crime, 44 Fordham L.Rev. Such a request is akin to a prayer for injunctive relief against a criminal act. Neither does the same constitute a per se violation of the Fourth Amendment. See East Texas Motor Freight System v. Rodriquez,431 U.S. 395, 97 S. Ct. 1891, 52 L. Ed. 1976). 2 of their federal statutory and constitutional rights under the Fourth and Fourteenth Amendments to the U.S. Constitution, Title VI of the Civil Rights Act of 1964, the Individuals with The missing money was never located. This Court cannot say as a matter of law that the alerting of a trained dog standing alone is sufficient to establish reasonable cause to believe a complete body search by school officials in surroundings that insure and maintain human dignity. This Court finds the reasoning utilized in Moore v. Student Affairs Committee of Troy State University, supra, and State v. Young, supra, that of applying the Fourth Amendment but with a lesser standard than probable cause with respect to student searches, to be the more persuasive. This element, loosely termed as "state action", is highly amorphous, and is generally determined on a case-by-case basis after an analysis of the facts involved. 1983,[2] inasmuch as there is no allegation of racial or other class-based invidiously discriminatory animus behind the defendant conspirators' actions, nor is there alleged the existence of a conspiracy, both of which are required in order to state a cause of action under 42 U.S.C. Several hundred parents or patrons of the Highland School System were permitted to intervene as party defendants. United States v. Skipwith, 482 F.2d 1272 (5th Cir. Here, as in Johnson, the court went off on the warrant requirement of the Fourth Amendment. This Court is specifically confronted with the following issues: (1) whether the investigative procedure used by the school officials with the assistance of law enforcement officers, for the sole and exclusive purpose of furthering a valid educational goal of eliminating drug use within the school, was a seizure and search under the Fourth Amendment; (2) whether the use of dogs to detect marijuana and marijuana paraphernalia in the classroom was, standing alone, a search under the Fourth Amendment; (3) whether the admitted search of a student's clothing upon the continued alert of a trained drug detecting canine was violative of rights protected by the Fourth Amendment; and (4) whether the nude body search conducted solely upon the basis of a trained drug detecting canine's alert violated the plaintiff's right to be free from unreasonable search and seizure. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. Unit School Dist. Perez v. Sugarman, supra; cf. Respect for individual dignity of the student was carefully maintained. It also includes some new topics such as bullying, copyright law, and the law and the internet. 4. All the animals used in the March 23, 1979 inspection were certified and trained by Little at her academy. Both public and. School Principals,375 F. Supp. 75-CV-237. The General School Powers Act of the State of Indiana, I.C. Thus, when a teacher conducts a highly intrusive invasion such as the strip . 777] the court ruled a strip search of a student to be unconstitutional. Furthermore, the presence of the uniformed police officer in the room, at the request of the school official and with the agreement that no arrests would occur as a result of finding any drugs upon students, did not alter the basic function of the school official's activities. Picha v. Wielgos, supra. That immunity exists if the official acts in good faith and not in ignorance or disregard of settled indisputable principles of law. In doing so the Court must take into account the special duties and responsibilities imposed upon school officials to provide a safe atmosphere for a student to develop, the attendant limited powers which the school officials possess in loco parentis to effectuate the maintenance of proper discipline. There, a search was conducted of their desks, books, and once again of their coats. . Little was contacted by the police department requesting her to attend the March 14, 1979 meeting. Additionally, there was evidence from some students of refusal to speak out against those students using drugs for fear of reprisals. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. The plaintiffs are therefore entitled to a summary judgment to that effect, except with respect to defendant Knox. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. 2534, 2542-2543, 69 L.Ed.2d 262). In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. Ms. Little with her vast experience in the training of dogs was another resource. Terry v. Ohio,392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. This document shall constitute the Court's findings and conclusions of law as required by F.R.C.P. 220 (1969); 2) the Fourth Amendment applies, but the Exclusionary Rule does not; United States v. Coles,302 F. Supp. It is generally known that marijuana radiates a distinctive odor which can be detected by humans acquainted with it, and by trained dogs. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. Act. 1983 in an action for declaratory judgment and damages. The First Circuit had held that such provided probable cause to believe that the footlocker contained a controlled substance. 1331, 1343(3) and 1343(4). 665, 667 (C.D.Cal.1988); Bellnier v. Lund, 438 F.Supp. Plaintiff Leonti stated that he was sure that he had $4.00 when he arrived at school, showing defendant Reardon the four raffle ticket stubs indicating sales proceeds in the amount of $4.00, only $1.00 of which remained in Leonti's pocket. 288 (S.D.Ill.1977). Bellnier v. Lund, 438 F. Supp. v. The cases which have dealt with the issue have reached diverse results, relying upon various theories, which can be generally placed into the following categories: 1) the Fourth Amendment does not apply, as the school official acted in loco parentis (private search); People v. Stewart, 63 Misc.2d 601, 313 N.Y.S.2d 253 (N.Y.Co. But the alert of the dog constituted reasonable cause to believe that the plaintiff was concealing narcotics. No. Although the students were requested to remain in their first period classes, those wishing to use the washroom facilities were accommodated by an escort to the washroom door. 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d Cir. It cannot be denied that each of the school administrators possessed the authority to enter a classroom on the day in question in order to prevent the use of illicit drugs. Throughout the year, and especially during this four week period, school officials, teachers and even members of the student *1016 body became concerned about the negative impact the use of drugs within the school was having on the educational environment. App. 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d Cir. There is always the possibility that one's clothing may have been inadvertently exposed to the pungent odor of the drug. Adams v. Pate, 445 F.2d 105 (7th Cir. If the search had been conducted for the purpose of discovering evidence to be used in a criminal prosecution, the school may well have had to satisfy a standard of probable cause rather than reasonable cause to believe. Randall Ranes Administrator, Student Services Bakersfield City School District. The plaintiff has prayed for two forms of relief in the present action and has reserved on the prayer for damages. BELLNIER v. LUND Email | Print | Comments (0) No. See U. S. v. Fulero, 162 U.S.App.D.C. 2d 45 (1961). Searches of Places 775 (Ct. of App., 1st Dist. Therefore, this Court finds that the defendant school officials are immune from liability arising out of the search and are entitled to summary judgment on the issue of monetary damages. 2d 711 (1977), an action brought under 42 U.S.C. Having that requisite reasonable cause to believe that the plaintiff was concealing narcotics, the defendants did not violate the plaintiff's Fourth Amendment rights by ordering her to empty her pockets onto the desk. Use applicable law to enhance school safety and fulfill the duty to protect Slideshow 4416335 by ramiro 1940). 2d 527 (1967) (Procedural Due Process). Tinker v. Des Moines School District, 393 U.S. 503, 89 S.Ct. Of course, this requirement while basic and fundamental depends on the test of reasonableness. Get free summaries of new Northern District of Indiana U.S. Federal District Court opinions delivered to your inbox! Bellnier v. Lund Intrusive Search Unreasonable Strip Search is a Violation of the Fourth Amendment Locker Search & Guidelines Searching a student's locker without the student's permission and without a warrant has been allowed by the courts Students have a right to privacy Must establish. A review of the pleadings, as supplemented by the affidavits of defendants Lund, Reardon, Parker, Butcher, and Knox, reveals that, with one minor exception which will not affect the outcome of the pending motion, there are no material issues of fact to be determined with respect to the question of defendants' liability. 282 (1977); Note, Search and SeizureSchool Officials' Authority to Search Students Is Augmented by the In Loco Parentis Doctrine, 5 Fla.St.U.L.Rev. 2d 509, 75 Cal. Search of Student & Lockers 47 New Jersey v. T.L.O. These school officials can secure proper aids to supplement and assist basic human senses. Waits v. McGowan, 516 F.2d 203 (3d Cir. (internal citation omitted). Of Free law project, a search was conducted of their coats 30,000 residents located the... In good faith and not in ignorance or disregard of settled indisputable principles law., Constitutional Limitations on the prayer for damages for individual dignity of the drug permitted to intervene party... 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