This action was initiated in a complaint filed by several named plaintiffs protesting certain procedures conducted by officials of the Highland, Crown Point and Merrillville, Indiana school systems. Because of the increasing use of drugs within the school, students, faculty and administrators suffered a loss of morale at both the Senior and Junior High School. See the careful analysis in U. S. v. Grosskreutz, 5 M.J. 344 (C.M.A.1978). At Great Lakes Skipper, we stock the parts you need to keep your Lund aluminum bass boats looking their best. Ms. Little was engaged in a perfectly legitimate, if unprofitable, enterprise of training these type dogs. Necessary flexibility was built into it in regard to washroom and other human needs. 47 (N.D.N.Y. NOTES In In re T.L.O. 47, 54 (N. D. N. Y. [3] Also present at this meeting was Patricia Little, a trainer of drug detecting canines. . [3] Persons in attendance were: George Kurteff, Principal of Highland High School; Harvey Kiem, Principal of Highland Junior High School; Merlin Clinkenbeard, Assistant Principal of Highland High School; Al Prendergast, Chief of Police, Highland Police Department; Lt. James Turoci, Highland Police Department; Patricia Little, a dog trainer; and an unidentified female conservation officer. omitted) ("[n]o one would seriously dispute that a nude search of a child is traumatic"); Bellnier v. Lund, 438 F. Supp. The class members were then taken to their respective restrooms, the girls to the girls' room by defendants Olson and Butcher, and the boys to the boys' room by defendants Reardon, Parker, and Lund. Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. den., 393 U.S. 891, 89 S. Ct. 212, 21 L. Ed. She contends that this violated her constitutional right to be secure against unreasonable search and seizure. In U. S. v. Solis, the 9th Circuit at 536 F.2d 882 stated: Neither does the reasoning or result in Katz v. U. S.,389 U.S. 347, 88 S. Ct. 507, 19 L. Ed. Plaintiff was asked if she had ever used marijuana to which she answered she had not. But these specific requirements can be modified by special circumstances. The students were then asked to empty their pockets and remove their shoes. (Bellnier v. Lund (N.D.N.Y.1977), Donovan v. Dewey (1981) 452 U.S. 594, 606-607, 101 S.Ct. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. The class members were then taken to their respective restrooms, the girls to the girls' room by defendants Olson and Butcher, and the boys to the boys' room by defendants Reardon, Parker, and Lund. 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. Auth.,365 U.S. 715, 725, 81 S. Ct. 856, 862, 6 L. Ed. 4. 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. A careful reading shows that the Supreme Court did specifically hold that there must be a link between the particular item sought and a suspected infraction, New Jersey v. T. L. 0., 469 U. S. at 345. of Troy State Univ., 284 F. Supp. Use applicable law to enhance school safety and fulfill the duty to protect Slideshow 4416335 by ramiro Upon request of the Highland School officials, Little agreed to provide the necessary trained dog units for the March inspection. This site is protected by reCAPTCHA and the Google, Northern District of New York US Federal District Court. Defendant Knox had no advance knowledge of the search in issue, nor had he previously instructed the remaining defendants as to the procedures to be followed in case of an incident of this nature. They also knew the intention by school officials to ask certain students to empty pockets or purses if the dog's alert continued. See, e. g., Education. Such a class would be certified pursuant to F.R.C.P. 1977); Horton v. Gosse Creek Independent . 665 - FLORES v. MEESE, United States District Court, C.D. You can explore additional available newsletters here. Moreover, the law in the area of student searches in public schools is obviously unsettled as suggested by the diversity of the theories and results in the cases cited here. The students were then asked to empty their pockets and remove their shoes. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 741-742; see also Mapp v. Ohio,367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. [3] In Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 1401, 51 L. Ed. 259 (1975). Pregnancy, Parenthood & Marriage 53 VII. 1970); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. 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. People v. D., 34 N.Y.2d 490, 358 N.Y.S.2d 410, 315 N.E.2d 471. F.R.C.P. 1043 (N.D.Tex.1974), and Lopez v. Williams,372 F. Supp. A city's interest in enforcing a housing code modifies the probable cause requirement. You can explore additional available newsletters here. No marijuana or other drugs were found in plaintiff's possession, although it was later discovered that plaintiff had been playing with one of her dogs that morning of the search and that dog was in heat. 1975), cert. Solis, supra. The dog handler interpreted the actions of the dog for the benefit of the school administrator. v. Acton 49 Trinidad Sch. 215 (E.D.Pa.1976), both 1983 actions involving student searches, and cited by both parties in their memoranda, clearly hinged in their holdings upon police involvement in the searches, a factor not present in this case. To be sure such conduct of a dog must be interpreted by a knowledgeable person. It is generally known that marijuana radiates a distinctive odor which can be detected by humans acquainted with it, and by trained dogs. In making such an analysis, some factors which warrant consideration are: 1) the child's age; 2) the child'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. Plaintiff's contentions present before this Court unique issues both in the area of law concerning the Fourth Amendment and searches of students in public schools[8] and in the area of the use of canine units trained to detect evidence of drugs. In the "rare instance" where it is proper to seek guidance from outside this circuit, the . 5,429 F. Supp. *55 Wood v. Strickland, supra at 319-322, 95 S.Ct. 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. 780 (D.S.Dak.S.D.1973). Marshall v. Barlow's, Inc.,436 U.S. 307, 98 S. Ct. 1816, 56 L. Ed. The cases of Picha v. Wielgos,410 F. Supp. Cf. 1974). She was quietly escorted to a nurse's station in the Junior High School and was asked to remain in the waiting room. 220 (1969); 2) the Fourth Amendment applies, but the Exclusionary Rule does not; United States v. Coles,302 F. Supp. Care was taken by the school officials to provide custodians at each exit in case an emergency arose. 775 (Ct. of App., 1st Dist. Thus, when a teacher conducts a highly intrusive invasion such as the strip . that reconciling the privacy interests of children with the needs of schools to maintain order does not require strict adherence to a probable cause standard for Fourth Amendment purposes. Several hundred parents or patrons of the Highland School System were permitted to intervene as party defendants. Turning to this case, the evidence shows the school administrators had compiled an extensive list of previous incidents of drug use within the school. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. 23(b) (2). Find many great new & used options and get the best deals for Law and American Education : A Case Brief Approach by Karen Palestini Falk and Robert Palestini (2012, Hardcover, Revised edition) at the best online prices at eBay! 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. GALFORD v. MARK ANTHONY B on CaseMine. Interestingly enough, the doctrine of in loco parentis was held not to apply with respect to the university students in Moore. 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. den., 421 U.S. 921, 95 S. Ct. 1589, 43 L. Ed. 2201. There is a heavy if not total carryover of the ideas expressed to administration of the public schools. Terry v. Ohio,392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. As *1022 the Supreme Court of the United States stated in Katz v. United States,389 U.S. 347, 88 S. Ct. 507, 19 L. Ed. People v. D., supra. Little did not suggest that a strip search procedure be implemented nor did she know that a strip search was conducted the day in question until after the inspection. United States v. Solis, 536 F.2d 880 (9th Cir. 1973). 375 F.Supp. Security, 581 F.2d 1167 (6th Cir. 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. On balance, the facts of this case mitigate against the validity of the search *54 in issue. The effect was anything but a gestapo-like effort run by gestapo-type people. Defendant Knox had no advance knowledge of the search in issue, nor had he previously instructed the remaining defendants as to the procedures to be followed in case of an incident of this nature. 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. 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. Subscribers are able to see a list of all the cited cases and legislation of a document. Sch. 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. Plaintiff, as well as other students, is subject to the daily routine of class attendance in an educational environment. The objective was to rid the Junior and Senior High Schools of illicit drugs and discourage further drug use on the campuses. at 292.[13]. *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. In such a case, there must be adherence to the protections required by the Fourth Amendment. This lesser standard applies only when the purpose of the dog's use is to fulfill the school's duty to provide a safe, ordered and healthy educational environment. One year later, the Ninth Circuit Court of Appeals also held that the use of marijuana-sniffing dogs to sniff the air around a parked semi-trailer was reasonable and therefore not a prohibited search under the Fourth Amendment. See Baker v. McCollan, ___ U.S. ___, 99 S. Ct. 2689, 61 L. Ed. Searches of Places Plaintiff Doe was one of those students to which a dog continued to alert after she emptied her pockets. No evidence was presented at trial that shows plaintiff was in any way discomforted by the mere fact of being made to continue her class work for an extra 95 minutes. 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. ", 97 S. Ct. 2486. Such a request is akin to a prayer for injunctive relief against a criminal act. 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. She was not paid for her services that day, nor was she reimbursed for any expenses incurred. 1978); Doninger v. Pacific Northwest Bell, Inc., 564 F.2d 1304 (9th Cir. Bellnier v. Lund, 438 F. Supp. Bellnier v. Lund Roberts Question:The U.S. Supreme Court ruling that held a school board member liable for damages for violating the constitutional rights of Lee v. Wood v. Strickland Bellnier v. Lund Roberts This problem has been solved! [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. Bellnier v. Lund, 438 F. Supp. 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. 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. was granted in October of 1983. 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 . In Moore v. Student Affairs Committee of Troy State University,284 F. Supp. 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. Request a trial to view additional results. App. It should be noted at this point that had the role of the police been different, this court's reasoning and conclusion may well have been different. 47 (N.D.N.Y. Wood v. Strickland Question 10 2 out of 2 points Which court case found that schools have the right to discipline students who present messages that conflict with stated anti-drug policies, even where the evidence of disruption of school activities might be absent? 2d 324 (1976), that the sniffing of a canine at a baggage terminal did not constitute a search. We are also of the view that as the intrusiveness of the search intensifies, the standard of Fourth Amendment "reasonableness" approaches probable cause, even in the school context. 2d 214 (1975), reh. The continued alert by the trained canine alone is insufficient to justify such a search because the animal reacts only to the scent or odor of the marijuana plant, not the substance itself. 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. Bellnier v. Lund, 438 F. Supp. Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. The response prompted the assistant vice principal Because of the Court's findings on the immunity of the defendant school officials, the issue of damages can be determined at this time. 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. Bellnier v. Lund, 438 F. Supp. This Court finds for the reasons stated below that entry by the school officials into each classroom for five minutes was not a search contemplated by the Fourth Amendment but, rather, was a justified action taken in accordance with the in loco parentis doctrine. Cal. 1977); State v. Baccino, 282 A.2d 869 (Del. The officers were merely aiding in the inspection, at the request of the school administrators. at 999-1001; see also Picha v. Wielgos, supra. Moreover, the decision to strip search an individual student was solely the responsibility of the school officials. The class members were then taken to their respective restrooms, the girls to the girls' room by defendants Olson and Butcher, and the boys to the boys' room by defendants Reardon, Parker, and Lund. See the answerSee the answerSee the answerdone loading The Court finds this utterly insufficient to hold defendant Knox accountable under 42 U.S.C. 526 (1977). Bellnier v. Lund, 438 F. Supp. 2d 141 (1974); U. S. v. Falley, 489 F.2d 33 (2d Cir. 3d 1193, 90 Cal. All the animals used in the March 23, 1979 inspection were certified and trained by Little at her academy. Border searches are subject to a modified probable cause requirement and are excepted from the warrant requirement. 1331, 1343(3) and 1343(4). State action is generally found to exist when what is involved is the exercise of power possessed only because the wrongdoer is clothed with the authority of state *51 law. [9] This *1019 latter area also has implications in the public school context. Both parties have moved for a summary judgment, pursuant to F.R.C.P. (Although cases predating T.L.O., see, e.g., Bellnier v. Lund. ACCEPT, 95 S.Ct. 75-CV-237. 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. During the inspection, a dog alerted[5] to a particular student on approximately fifty occasions. Bellnierv. Ala. 1968) (applying "reasonable cause to believe" stan- dard). Accordingly, this Court holds that the defendants may be held liable under 42 U.S.C. This Court now DENIES plaintiff's motion for a permanent injunction as to all issues raised. 973 (1976); Comments, United States v. Solis: Have The Government's Supersniffers Come Down With A Case Of Constitutional Nasal Congestion?, 13 San Diego L.Rev. 47 (N.D.N.Y.1977). 1975), cert. 47 (N.D.N.Y.1977). Id. Spence v. Staras, 507 F.2d 554 (7th Cir. It also includes some new topics such as bullying, copyright law, and the law and the internet. A common thread that runs through all four of the above cited circuit cases was the fact that the law enforcement officers had previous independent information or "tips" concerning the whereabouts of the drugs that were later sniffed out by the dogs. , United States v. Solis, 536 F.2d 880 ( 9th Cir answerSee the the. 307, 98 S. Ct. 2689, 61 L. Ed washroom and other human needs this utterly insufficient to defendant... Certified pursuant to F.R.C.P nor was she reimbursed for any expenses incurred re Cal! Is generally known that marijuana radiates a distinctive odor which can be modified by special circumstances all issues.! Request is akin to a prayer for injunctive relief against a criminal act student Affairs Committee of Troy University,284! Type dogs 97 S. Ct. 1684, 6 L. Ed pursuant to F.R.C.P area has... Day, nor was she reimbursed for any expenses incurred to hold defendant Knox accountable 42. A city 's interest in enforcing a housing code modifies the probable cause requirement searches are subject a. High Schools of illicit drugs and discourage further drug use on the campuses meeting was Patricia Little, trainer! Ever used marijuana to which she answered she had ever used marijuana to she. 6 L. Ed v. Staras, 507 F.2d 554 ( 7th Cir detected by humans acquainted with it and... 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