It also includes some new topics such as bullying, copyright law, and the law and the internet. ; Pro Get powerful tools for managing your contents. Exigent circumstances can excuse the warrant requirement. See Johnson v. U. S.,333 U.S. 10, 68 S. Ct. 367, 92 L. Ed. There is nothing sinister about her enterprise. People v. Overton, 20 N.Y.2d 360, 283 N.Y.S.2d 22, 229 N.E.2d 596 (1967); M. v. 5, supra, 429 F. Supp. 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. In order to keep disruptions to a minimum, late arrivals at the school were directed to a room other than their regular first period classroom. Both parties have moved for a summary judgment, pursuant to F.R.C.P. 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. Pregnancy, Parenthood & Marriage 53 VII. 1977); U. S. v. Bronstein, 521 F.2d 459 (2d Cir. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. 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. Four decades ago, Professor Wigmore cited the rule that most courts held admissible evidence that tracing by a trained dog led to the accused. 53 VI. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. You also get a useful overview of how the case was received. 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. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. Bellnier v. Lund,438 F. Supp. It is settled case law that school officials possess a qualified immunity with respect to acts performed within the course of their duties. That immunity exists if the official acts in good faith and not in ignorance or disregard of settled indisputable principles of law. Unit School Dist. Of those eleven, only three other students were subject to the unlawful nude search. As was stated by the Court in Wood. The entire investigation lasted approximately two and one-half hours during which time students wishing to use the washrooms were allowed to leave the classroom with an escort of the same sex to the washroom door. Moreover, there was a feeling, at least by some students including the plaintiff, that peer pressure existed in favor of using drugs while on campus. At this meeting, the school administrators informed the police officers that they intended to conduct an investigation within the school buildings using canine units to detect and remove any narcotics or narcotic paraphernalia. at 674, 97 S. Ct. at 1414 (Emphasis Added). The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S.Ct. Upon being asked to enter the inner office, two women introduced themselves to the plaintiff. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. 665, 667 (C.D.Cal.1988); Bellnier v. Lund, 438 F.Supp. 2d 1081 (1961) (opinions of Justices Clark, Black and Harlan). There is a basic burden on the plaintiff to show entitlement to a class certification under Rule 23. 1 v. Lopez 50 V. Dress and Grooming 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd. [2] Out of these general reports, two students were identified as drug users, however, after investigation by school officials, no evidence of any drug use was found concerning the named students. Moore v. Student Affairs Committee of Troy State University, supra; M. v. Board of Education Ball-Chatham Comm. However, when the dog has alerted as to a particular student in the above context and that student is removed from the basic routine as above described and taken to another area of the school for a more thorough examination of the student's body and clothing, another set of constitutional values comes into play. F.R.C.P. These human senses may generally be aided by such non-living artificial devices as binoculars, flashlights, magnetometers, breathalyzers, camera lenses and ordinary prescription glasses. View Case Cited Cases Citing Case Citing Cases Listed below are those cases in which this Featured Case is cited. Free shipping for many products! Wood v. Strickland, supra at 321, 95 S. Ct. 992. We rely on donations for our financial security. 2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. Perhaps the most telling factor, especially with respect to this case, is Education Law 3028, which requires that a board of education indemnify a teacher for all costs and attorneys' fees resulting from an action, civil or criminal, growing out of an attempt to discipline a student. 2d 527 (1967) (Procedural Due Process). Ala. 1968) (applying "reasonable cause to believe" stan- dard). Her search was conducted in an atmosphere designed to reduce to a minimum any apprehension or embarrassment. The missing money was never located. The missing money was never located. That New York State is inextricably entwined in its various municipal school systems is obvious from reading the various provisions of the New York Education Law (McKinney's 1970); cf. 739 (1974); 2) the Fourth Amendment does not apply because of the doctrine in loco parentis which clothed the school officials with immunity as a "private citizen." Transformed by Public.Resource.Org, Inc., at Fri, 14 Mar 2008 10:13:27 GMT [1] When the strip searches proved futile, the students were returned to the classroom. Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. Plaintiff, Diane Doe, seeks to have the actions of the defendant school officials, the police chief of the Highland Police Department and the dog trainer to be declared violative of her constitutional rights guaranteed by the Fourth and Fifth, Ninth and Fourteenth Amendments to the Constitution. Bellnier v. Lund, 438 F. Supp. [4] Renfrow requested information from the Highland Police Department concerning the use of trained canine units for the planned investigation. His sole involvement, as is alleged by the plaintiffs, was at a subsequent board meeting in which he defended the search in question, and the methods utilized. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. That limited in loco parentis relationship modifies the student's Fourth Amendment guarantee of a sphere of privacy which the student can justifiedly expect state officials not to invade. 1970); In re G.,11 Cal. Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. In the "rare instance" where it is proper to seek guidance from outside this circuit, the . 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. 1331, 1343(3) and 1343(4). *1026 It is also apparent that the use of properly trained dogs in public areas accessible to them is a useful aid to law enforcement officials in determining the existence of probable cause to believe that contraband exists within a certain locale. Dist., 26 F.Supp.2d 1189, 1201 (D.S.D.1998); Oliver, 919 F.Supp. However, Little and the other trainers did advise the school officials, upon their dogs' continued alert, of the necessity of a pocket and/or purse search. The unnecessary duplication of sanctions is evident in either case. In Bell v. Wolfish, 441 U.S. 520, 578 (1979) (Marshall, J., dis- senting), Justice Marshall used the phrase to describe routine strip searches of prisoners after contact visits. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. United States District Court, N. D. New York. [13] This Court notes the state of the law is unclear as to whether the Fourth Amendment and its coordinate remedy, the Exclusionary Rule, apply in full force to searches of students. The school community of Highland has, among several elementary schools, a Junior and Senior High School. 1977). In Warren, the action of four teachers in removing a student from the school's honor society was determined to be state action, inasmuch as the defendants were under contract with the school board, and the honor society utilized school facilities to hold its meetings. ." In all other aspects, plaintiff's prayer for declaratory relief is now DENIED. Little was asked to attend because she had had experience in the field of canine searches in schools.[4]. It has long been established that law enforcement personnel can and must use the basic human senses in the detection of crime. 2d 305 (1978). And, generally, the Fourth Amendment makes two demands of a government official wishing to carry out a search. [8] Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. challenging on Due Process and Cruel and Unusual Punishment grounds, the use of corporal punishment by school officials, the Court seemingly assumed ab initio that the actions complained of constituted "state action". Perez v. Sugarman, 499 F.2d 761 (2d Cir. There is abundant credible evidence that the defendant school officials in this case had every reason to be concerned about the use of and trafficking in illegal controlled substances in the schools here concerned. [2] "Every person who, under color of any statute, ordinance regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceedings for redress" 42 U.S.C. CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. [3] Also present at this meeting was Patricia Little, a trainer of drug detecting canines. Use applicable law to enhance school safety and fulfill the duty to protect Slideshow 4416335 by ramiro 665 - FLORES v. MEESE, United States District Court, C.D. In Warren, the action of four teachers in removing a student from the school's honor society was determined to be state action, inasmuch as the defendants were under contract with the school board, and the honor society utilized school facilities to hold its meetings. Goose Creek Ind. United States v. Skipwith, 482 F.2d 1272 (5th Cir. 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. This Court now denies plaintiff's request for certification of a class pursuant to 23(a) and (b) (2) of the Federal Rules of Civil Procedure. To be sure, the question may be close when the situation is frozen as of the time the search took place. Bookbag and locker searches should be done primarily because it lowers the amounts of deaths and injuries occurring in schools. 516 (N.D. Ill.1977). Roberts d.Bellnier v. Lund b. Document Cited authorities 50 Cited in 35 Precedent Map Related Vincent 438 F. Supp. 410 (1976). 47 (N.D.N.Y. Each handler participated as an unpaid volunteer with their own dogs.[7]. 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. It is clear that the major thrust of plaintiffs' cause of action is based upon, Section 1983 requires a showing of action, "under color of any statute, ordinance, regulation, custom, or usage of any State or Territory". Nevertheless, it is clear that in imposing the Exclusionary Rule upon the states as a remedial measure, the Court in Mapp did not by any means intend to deprive a person subjected to an unlawful search or seizure of his civil remedies, among them being recourse to a civil rights action under 42 U.S.C. 591, 284 N.E.2d 108 (1972). The atmosphere within the Highland Junior and Senior High Schools was one of frustration on the part of school administrators and faculty brought about by their inability to control or arrest the drug use problem. 1214 (N.D.Ill., E.D.1976), and Potts v. Wright,357 F. Supp. This Court can conceive of many situations where the alert of a trained dog alone can provide the necessary reasonable cause for a more complete but private body search. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. . See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. 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. 2d 889 (1968); People v. Singletary, supra; People v. D., supra. A search of those items failed to reveal the missing money. These areas may be searched on a school-wide or individual basis when the school determines there is cause to conduct such a search. However, in view of the relatively slight danger of the conduct involved (as opposed to drug possession, for example), the extent of the search, and the age of the students involved, this Court cannot in good conscience say that the search undertaken was reasonable. The officers were merely aiding in the inspection, at the request of the school administrators. Sometime that morning, and prior to the commencement of class, plaintiff Leonti complained to defendant Olson that he was missing $3.00 from his coat pocket. The dog's conduct constituted evidence that caused the court to observe that "Even on the record the issuance of a warrant by a judicial officer was reasonably predictable. Dist. The school officials made every reasonable effort to carry off this plan in a manner compatible with proper order in the schools and with the values therein involved. People v. D., supra; see also 1 Blackstone's Commentaries 453 (18th Ed. 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. 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. Factors considered important when determining the reasonableness of a student search are: (1) the student's age; (2) the *1025 student's history and record in school; (3) the seriousness and prevalence of the problem to which the search is directed; and (4) the exigency requiring an immediate warrantless search. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. 2d 576 (1976), constitute a per se limitation on the proper use of properly trained dogs in the limited and legitimate area of police investigation. 4 v. Gary, 152 Ind.App. Solis, supra. 1971), with Warren v. National Ass'n of Sec. 288 (S.D.Ill.1977); Bellnier v. Lund,438 F. Supp. Plaintiff was asked if she had ever used marijuana to which she answered she had not. 2d 509, 75 Cal. To carry out this procedure, they requested the assistance of the Highland Police Department and of volunteer canine units experienced in drug detection. Subscribers are able to see a list of all the cited cases and legislation of a document. No police investigations took place on that day nor have any arrests or prosecutions been initiated as a result of the March 23, 1979 inspection. California. F.R.C.P. 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. 2201. *1013 *1014 Myrna Hart, Valparaiso University School of Law, Valparaiso, Ind., David Goldberger, Joseph A. Morris, Chicago, Ill., for plaintiffs. People v. D., supra. 475 F.Supp. Such a request is akin to a prayer for injunctive relief against a criminal act. Therefore, the defendants are immune from liability for compensatory and punitive damages arising out of the acts complained of.[4]. [2] These reports consisted of direct communication between teachers at the Junior and Senior High School and school administrators, either face to face or by signed written notes; by student tips, usually anonymous, by letters from parents, and by telephone calls, also, usually anonymous. 1974). After each alert, the student was asked to empty his or her pockets or purse. 1043 (N.D.Tex.1974), and Lopez v. Williams,372 F. Supp. Get free summaries of new Northern District of New York US Federal District Court opinions delivered to your inbox! 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. The record here clearly discloses several fatal failures of the plaintiff to meet the elementary requirements of Rule 23. To be sure such conduct of a dog must be interpreted by a knowledgeable person. Adams v. Pate, 445 F.2d 105 (7th Cir. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. [1] Also, during this four week period, school administrators received daily reports from faculty, students and parents concerning the use of drugs within the Junior and Senior High Schools. In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. Neither does the same constitute a per se violation of the Fourth Amendment. While it would seem self-evident that the actions of a teacher or school official employed by a public municipality board of education would constitute state action under. Burton v. Wilmington Pkg. 725 (M.D. More alarming to school officials was the fact that of those twenty-one instances, thirteen occurred within a twenty school day span just prior to the complained of activities. 47 Bellnier v. Lund 48 Vernonia Sch. [11] It is also the responsibility of the school administrator to insure the proper functioning of the educational process. While it would seem self-evident that the actions of a teacher or school official employed by a public municipality board of education would constitute state action under Monroe v. Pape, supra, this has not been a universally held notion among the various federal courts. v. South Dakota H. Sch. 1981 et seq. On March 23, 1979, a school wide drug inspection was conducted by the administrators of the Highland School System with the assistance of the Highland Police Department and volunteer canine units trained in marijuana detection. Jurisdiction is alleged to exist by virtue of 28 U.S.C. . Searches of Places Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. 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. (It should be noted this case went off on the warrant requirement and not the existence of probable cause.). 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. See, e. g., Terry v. Ohio, supra. Both these campuses are located on the same site. State v. Mora,307 So. While a school student does not shed at the schoolhouse door rights guaranteed by either the Fourth Amendment or any other constitutional provision (Tinker v. Des Moines School District, supra), the student's Fourth Amendment and other constitutional rights are modified by that limited in loco parentis relationship which the school officials have with the students. 901 (7th Cir. Use of the dogs to detect where those drugs were located was not unreasonable under the circumstances. 47 Julie BELLNIER, a minor by her father and next friend, Francis Bellnier, David J. Leonti, a minor by his father and next friend, Victor A. Leonti, Sr., Plaintiffs, v. United States District Court, N. D. New York. The students were then asked to empty their pockets and remove their shoes. Moreover, plaintiff as well as other students in a public school, does not fall within the meaning of Katz because of the very nature of public school education. 1976). I.C. Because those administrators now acted with assistance from a uniformed officer does not change their function. 1973). The Supreme Court established in New Jersey v. T.L.O. These school officials can secure proper aids to supplement and assist basic human senses. Uniformed police officers and school administrators were present in the halls during the entire investigation. And searches to prevent skyjacking are subject to a modified probable cause requirement and are excepted from the warrant requirement. 47 (N.D.N.Y 1977) Reasonable Suspicion "Reasonable suspicion" is a particularized and objective basis, supported by specific articulable facts, for suspecting a person of violating law or policy. John P. McQuillan, Gary, Ind., Rhett L. Tauber, Merrillville, Ind., Leon R. Kaminski, Edward L. Volk, LaPorte, Ind., Charles H. Criss, Peru, Ind., David E. Mears, Charles L. Zandstra, Highland, Ind., Jerome H. Torshen, Stephen C. Leckar, Chicago, Ill., for defendants. *1027 This Court finds no constitutional fault with the basic plan and program as executed. Although they were obviously clothed with their state authority, they had previously agreed that no arrests would be made as a result of any drugs found that morning. 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 . 2d 752 (1977). This site is protected by reCAPTCHA and the Google, Northern District of Indiana U.S. Federal District Court. 75-CV-237. Subscribers are able to see the revised versions of legislation with amendments. In Lopez, suspension of students by a principal was found to constitute state action where the procedures used and challenged on Due Process grounds were expressly provided for in the Ohio Constitution, and state statutes and corresponding regulations. Thus, in State v. Young, supra, a well reasoned opinion, the Georgia Supreme Court found three categories of searches, for purposes of the Fourth Amendment: 1) wholly private searches, with no Fourth Amendment applicability; 2) state action, but no involvement of law enforcement agents, so that the Fourth Amendment applies, but not the Exclusionary Rule; and 3) search by law enforcement agents, to which both the Fourth Amendment and the Exclusionary Rule apply in toto. GALFORD v. MARK ANTHONY B on CaseMine. As this Court saw and heard her in the court room, there is absolutely nothing sinister about her. Bellnier v. Lund,438 F. Supp. Moore v. Student Affairs Committee of Troy State Univ.,284 F. Supp. 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. Second, the government official must obtain a warrant before carrying out the search. There, a search was conducted of their desks, books, and once again of their coats. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. The Supreme Court of the United States has long recognized that such odors can be convincing evidence of probable cause. No. This case is therefore an appropriate one for a summary judgment. 2d 649 (1976); U. S. v. Martinez-Miramontes, 494 F.2d 808 (9th Cir. Bellnier v. Lund, 438 F. Supp. Both public and. She contacted the various dog handlers in regard to their availability for the inspection informing them of the time and place. 5, supra. See, 28 U.S.C. 1331, 1343(3) and 1343(4). ., the student-teacher relationship out of which [in loco parentis] authority readily flows does have an impact on the application of constitutional doctrine to the rights of students." 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d Cir. The school community of Highland has, among several elementary schools, a Junior and Senior High School. Although unknown by the students, those uniformed officers in the halls that morning were under orders not to pursue any students outside the building. 739 (1974); see, e. g., Tinker v. Des Moines School District, supra (First Amendment), and In re Gault,387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. Auth., 365 U.S. 715, 725, 81 S.Ct. 2d 509, 75 Cal. For example in Bellnier v. Lund, 438 F.Supp.47 (N.D.N.Y. Ms. Patricia L. Little is the owner and operator of the Edelheim Police K-9 Academy in Bunker Hill, Indiana. In U. S. v. Chadwick,433 U.S. 1, 97 S. Ct. 2476, 53 L. Ed. We rely on donations for our financial security. Each classroom teacher was instructed to keep their students in the first period class and to have them perform their customary work. Various police departments were one such resource. All students were treated similarly up until an alert by one of the dogs. However, in matters concerning the reasonable exercise of supervision and authority by school officials, this Court recognizes that a certain balancing occurs between an individual student's rights and the school administrator's need to protect all students and the educational process.