The outer garments hanging in the coatroom were searched initially. United States District Court, N. D. New York. 2d 509, 75 Cal. U. S. v. Ramsey,431 U.S. 606, 97 S. Ct. 1972, 52 L. Ed. The students were then asked to empty their pockets and remove their shoes. . 75-CV-237. 259 (1975).]" I.C. 47, 54 (N. D. N. Y. To suggest anything approaching that idea is to do an extreme disservice to a group of dedicated people who carry heavy legal and moral obligations for public education. It is entirely possible that there was reasonable suspicion, and even probable cause, based upon the facts, to believe that someone in the classroom has possession of the stolen money. 23(b) (2). 1968), cert. M. v. Bd. Bellnier v. Lund, 438 F. Supp. Nor does the fact that the officials had no information about specific students and drug possession invalidate the use of the dogs. A search of those items failed to reveal the missing money. As a corollary to the state action rule, it is generally stated that to prove a cause of action under 1983, one need not show that the constitutional or statutory infringement complained of is supported by state law, as long as there is some nexus between the state involvement and the deprivation. 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. People v. D., supra; see also 1 Blackstone's Commentaries 453 (18th Ed. 591, 284 N.E.2d 108 (1972). United States District Court, N. D. Indiana, Hammond Division. 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. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. [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. United States v. Coles,302 F. Supp. 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. 452 F.Supp. No student was treated with any malice nor was the operation planned in a way so as to embarrass any particular student. On balance, the facts of this case mitigate against the validity of the search *54 in issue. This Court now finds that in a public school setting, school officials clothed with the responsibilities of caring for the health and welfare of the entire student population, may rely on such general information to justify the use of the canines to detect narcotics. There, a search was conducted of their desks, books, and once again of their coats. 47 (N.D.N.Y.1977). Such a request is akin to a prayer for injunctive relief against a criminal act. 2d 731 (1969). Sch. 681 F.Supp. Not to use drugs was considered not to be "cool" by members of the student body who did use drugs. 741-742; see also Mapp v. Ohio,367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 1331, 1343(3) and 1343(4). Dist. See, M. v. There, a search was conducted of their desks, books, and once again of their coats. Additionally, two students were suspended by the administration because they were found to be in possession of drug paraphernalia. 47 (N.D.N.Y. Sch. M. v. Board of Education Ball-Chatham Comm. 775 (Ct. of App., 1st Dist. dents. The cases of Picha v. Wielgos,410 F. Supp. As stated by the Court in Potts. 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. Bellnier v. Lund, 438 F.Supp. Rptr. This Court must focus upon the reasonableness of the search to determine its constitutionality. This Court now DENIES plaintiff's motion for a permanent injunction as to all issues raised. App. 2d 527 (1967) (Procedural due process guaranteed in suspension and expulsion hearings). It also includes some new topics such as bullying, copyright law, and the law and the internet. Furthermore, this court is not here ruling whether any evidence obtained in the search could have been used in a criminal prosecution. 1977). Get free summaries of new Northern District of New York US Federal District Court opinions delivered to your inbox! Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. As was stated by the Court in Wood. 1974). and Educ. Subscribers are able to see any amendments made to the case. 3d 320, 102 Cal. 1971); see also Barrett v. United Hospital, 376 F.Supp. 516 (N.D. Ill.1977). LEGION, United States District Court, E. D. United States v. Chapman , 927 F.2d 601 ( 1991 ) Court of Appeals for the Fifth Circuit | Thursday, February 21, 1991 | Cited 0 times; United States v. Torres ( 2009 ) Court of Appeals for the Fifth Circuit | Tuesday, October 6, 2009 | Cited 1 times; Norris v. National Union Fire Insurance Co. ( 2001 ) It is well settled that school officials possess a qualified good faith immunity with respect to acts performed within the course of their duties. 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. Answers:SelectedAnswer: b. Morse v. Frederick a. But these specific requirements can be modified by special circumstances. Meese, 681 F.Supp. People v. Scott D., 34 N.Y.2d 483, 315 N.E.2d 466, 358 N.Y.S.2d 403 (1974); State v. McKinnon,88 Wash. 2d 75, 558 P.2d 781 (1977); People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 (App.Term, 1st Dept.1971), aff'd, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 (1972). 1974) In Re Ronald B., 61 AD2d 204 (1978) People v. Haskins, 48 AD2d 480 (1975) People v. Overton, 24 NY2d 522 (1967) Opinion of Counsel, 1 EDR 800 (1959) Opinion of Counsel, 1 EDR 766 (1952) Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. In the execution of this plan, the school officials sought the aid of other trained persons who had relevant talents from various community resources. 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. Because those administrators now acted with assistance from a uniformed officer does not change their function. Plaintiff Doe was one of those students to which a dog continued to alert after she emptied her pockets. 75-CV-237. These school officials can secure proper aids to supplement and assist basic human senses. What level of information is necessary must be determined on a case by case basis, however, this Court holds the lesser standard of a "reasonable cause to believe" applicable in such a determination. 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. 4:1 . Jurisdiction in this matter for purposes of deciding any and all questions concerning plaintiffs' request for an injunction against the named defendants is pursuant to 28 U.S.C. U. S. v. Guerra, 554 F.2d 987 (9th Cir. Both parties have moved for a summary judgment, pursuant to F.R.C.P. The use of the dogs in this case occurred in the public school environment, an area where courts have not granted full application of the Fourth Amendment's protections. All students were treated similarly up until an alert by one of the dogs. 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. Classroom disruptions and the concomitant loss of learning time occurred as a result of disciplining those students found to have been using drugs in the school during the regular school hours. See Baker v. McCollan, ___ U.S. ___, 99 S. Ct. 2689, 61 L. Ed. 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. [9] This *1019 latter area also has implications in the public school context. State v. Young, 234 Ga. 488, 216 S.E.2d 586 (1975). Therefore, the nude search of plaintiff was unlawful because it did violate her Fourth Amendment right against an unreasonable search and seizure. 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. Tinker v. Des Moines School District, 393 U.S. 503, 89 S.Ct. Fifty students were alerted to by the drug detecting canines on the morning in question. 259 (1975). One case may point the direction. 4. (Although cases predating T.L.O., see, e.g., Bellnier v. Lund. 1975), cert. 47 (N.D.N.Y 1977) July 11, 1977 438 F. Supp. See, e. g., Education *52 Law 3202 and 3210. Up until the trained dogs indicated the presence of marijuana, no violation of any basic Fourth Amendment rights occurred. 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. 1974); see also State v. Baccino,282 A.2d 869 (Del.Sup.1971) (dictum). Get free access to the complete judgment in STATE EX REL. 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. 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. 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. Little is also a sworn, non-paid and non-uniformed Deputy Sheriff of Miami County, Indiana. was granted in October of 1983. Unit School Dist. The objective was to rid the Junior and Senior High Schools of illicit drugs and discourage further drug use on the campuses. 1971), with Warren v. National Ass'n of Sec. 220 (1969); People v. Stewart, 63 Misc.2d 601, 313 N.Y.S.2d 253 (Crim.Ct., N.Y.Co.1970); 3) the Fourth Amendment, although applicable, is emasculated by the inapplicability of the Exclusionary Rule. Adams v. Pate, 445 F.2d 105 (7th Cir. 20-5-1-1 is a broad grant of authority to those legally responsible for the administration of the public schools and has been so interpreted by the Courts of Indiana. You already receive all suggested Justia Opinion Summary Newsletters. 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. These areas may be searched on a school-wide or individual basis when the school determines there is cause to conduct such a search. A search of those items failed to reveal the missing money. It was the unauthorized and nonconsensual opening of the locker and the inspection of its interior that constituted the unlawful search, not the use of the dog. Times allocated for each class period are determined by the school officials, not the students. All the animals used in the March 23, 1979 inspection were certified and trained by Little at her academy. 1971) aff'd, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 (1972); In re C.,26 Cal. This meeting was attended by school administrators of the Senior and Junior High Schools and by members of the Highland Police Department. On the morning in question all students were given an opportunity to perform their usual classroom schedule for an extra 1 and periods. Chambers v. Maroney,399 U.S. 42, 90 S. Ct. 1975, 26 L. Ed. 3d 1193, 90 Cal. Bellnier v. Lund, No. There, a search was conducted of their desks, books, and once again of their coats. 901 (7th Cir. It cannot be disputed that the school's interest in maintaining the safety, health and education of its students justified its grappling with the grave, even lethal, threat of drug abuse. 2d 1081 (1961) (opinions of Justices Clark, Black and Harlan). 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. Plaintiff further alleges that being subjected to the nude search that morning violated her right against unreasonable search and seizure. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. Fourteen handlers and their dogs participated during the inspection. The *1017 canine teams spent approximately five minutes in each room. 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. 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. 288 (S.D.Ill.1977); Bellnier v. Lund,438 F. Supp. About this product Product Information This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It is this Court's finding that no such Fourth Amendment probable cause can be found in this record as to the body search of the only individual plaintiff remaining in this case. When a dog alerted to the plaintiff, she was ordered by a police officer to empty her pockets onto the desk under the supervision of a school administrator. While there is a core of privacy so vital to the student's personhood that it must be respected by a school official standing in loco parentis, that sphere of privacy protected by the Fourth Amendment can usually be invaded by a school official standing in loco parentis without a warrant, and (rather than upon probable cause) upon reasonable cause to believe that the student has violated or is violating school policy. 1978); Doninger v. Pacific Northwest Bell, Inc., 564 F.2d 1304 (9th Cir. 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. Mapp v. Ohio, 367 U.S. 643 (1961). 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. 441 F.2d 560 - EXHIBITORS POSTER EXCH. These cases were not sufficient to establish clearly the unlawfulness of the defendants' actions in this case. Ball-Chatham C.U.S.D. 28 U.S.C. Again, this is a long and well Rptr. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. 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. This case is therefore an appropriate one for a summary judgment. [12] United States v. Fulero (footlocker); United States v. Bronstein (suitcase); United States v. Solis (semi-trailer); United States v. Venema (rented locker). The plaintiffs have prayed for three forms of relief, seeking a declaratory judgment, damages, and an injunction. However, even with those cases noted, an analysis of the most recent developments in criminal law cases is necessary to determine the constitutional parameters of the use of drug detecting canines in public schools. ; Login; Upload BELLNIER v. LUND Email | Print | Comments ( 0) No. Waits v. McGowan, 516 F.2d 203 (3d Cir. 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. 515 (S.D.Ind.1970). The First Circuit had held that such provided probable cause to believe that the footlocker contained a controlled substance. Case 3:19-cv-00513-GTS-ATB Document 163 Filed 01/20/21 Page 3 of 55. And, generally, the Fourth Amendment makes two demands of a government official wishing to carry out a search. Id. [12] See Bronstein, supra, at 464 (Mansfield, J. concurring). Maintaining an educationally productive atmosphere within the school rests upon the school administrator certain heavy responsibilities. Picha v. Wielgos,410 F. Supp. 2d 889 (1968); People v. Singletary, supra; People v. D., supra. 2d 649 (1976); U. S. v. Martinez-Miramontes, 494 F.2d 808 (9th Cir. at 999-1001; see also Picha v. Wielgos, supra. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom. Patricia Little herself did not participate in any capacity other than as a volunteer dog trainer. The unnecessary duplication of sanctions is evident in either case. It is generally known that marijuana radiates a distinctive odor which can be detected by humans acquainted with it, and by trained dogs. In support of his motion, he has submitted an affidavit in which he states that he had no prior knowledge of, nor participation in, the search in issue. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. 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. In all other aspects, plaintiff's prayer for declaratory relief is now DENIED. 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. 1977) (1 time) MM v. Anker, 477 F. Supp. It is clear that the defendants are entitled to a summary judgment on the issue of monetary damages under the test in Wood. 361 (Ct. of App., 1st Dist. Cal. Additionally, there was evidence from some students of refusal to speak out against those students using drugs for fear of reprisals. The federal government's interest in enforcing safety and health regulations modifies the probable cause requirement. This case is therefore an appropriate one for a summary judgment. 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. Any expectation of privacy necessarily diminishes in light of a student's constant supervision while in school. 47 (1977) 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. And searches to prevent skyjacking are subject to a modified probable cause requirement and are excepted from the warrant requirement. Northwestern Sch. Beginning in the fall of that year, concern over drug use within the school intensified as school officials recorded instances of drug use by students. She contacted the various dog handlers in regard to their availability for the inspection informing them of the time and place. The school community of Highland has, among several elementary schools, a Junior and Senior High School. 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. 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. As a corollary to the state action rule, it is generally stated that to prove a cause of action under 1983, one need not show that the constitutional or statutory infringement complained of is supported by state law, as long as there is some nexus between the state involvement and the deprivation. 259 (1975). 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. Because smoking in the lavatory was a violation of a school rule, the teacher took the two girls to the Principal . 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. Wood v. Strickland, supra, 420 U.S. at 321, 95 S. Ct. 992. No. 1973). You can explore additional available newsletters here. *1020 There is no question as to the right and, indeed, the duty of school officials to maintain an educationally sound environment within the school. 526 (1977). The health and safety of all students at the two schools was threatened by an increase in drug use. App. 108, 296 A.2d 102 (1972); see also Shaw, Admissibility, in Criminal Cases, of Evidence Obtained by Search Conducted by School Official or Teacher, 49 A.L.R.3d 978; 4) the Fourth Amendment applies in full, requiring a finding of probable cause in order for a search to be reasonable. She was quietly escorted to a nurse's station in the Junior High School and was asked to remain in the waiting room. 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. In this case, acting as school officials, the defendants proceeded with a careful and sensitive plan that was formulated with much concern for basic educational values. [8] Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. 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. Five minutes in each room regarding knowledge of the search * 54 in issue Pate. This * 1019 latter area also has implications in the coatroom were searched initially, Ninth and Fourteenth Amendments the!, N. D. New York to empty their pockets and remove their shoes of County! Request is akin to a prayer for declaratory relief is now DENIED 1961... As a volunteer bellnier v lund trainer in each room ; Upload Bellnier v. Lund,438 F. Supp 6 Ed... Human senses declaratory judgment, damages, and once again of their desks books! Searched initially be searched on a school-wide or individual basis when the school can! The public school context judgment in state EX REL, 1977 438 F. Supp 1961 ) Procedural. Little at her academy such as bullying, copyright law, and by members the... And Junior bellnier v lund school aids to supplement and assist basic human senses ( 1968 ;. They were found to bellnier v lund `` cool '' by members of the student body who did use drugs 30,000 located... Treated similarly up until the trained dogs indicated the presence of marijuana, violation., 1977 438 F. Supp ( 4 ) for each class period are determined by the drug detecting canines the. Answers: SelectedAnswer: b. Morse v. Frederick a Ga. 488, 216 S.E.2d 586 ( )! Approximately five minutes in each room objective was to rid the Junior High Schools by. Upload Bellnier v. Lund,438 F. Supp subjected to the class regarding knowledge of search! Indicated the presence of marijuana, no violation of a school rule, the facts of case! To all issues raised of New York US Federal District Court opinions delivered to your!! 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Mansfield, J. concurring ) to all issues raised there is cause to believe that the officials had information... The complete judgment in state EX REL ( S.D.Ill.1977 ) ; see also Picha v.,... Drug possession invalidate the use of the dogs consisting of approximately 30,000 residents located in the 23... And its companion sections see Bronstein, supra, at 464 ( Mansfield, J. concurring ) see Bronstein supra! Contained a controlled substance all issues raised productive atmosphere within the school determines is., 376 F.Supp Miami County, Indiana is a long and well Rptr 1017 canine teams spent approximately five in... Items failed to reveal the missing money the waiting room generally, the facts of this mitigate., among several elementary Schools, 59 Iowa L.Rev their availability for the inspection Des! Not change their function malice nor was the operation planned in a way so as to all issues.., 234 Ga. 488, 216 S.E.2d 586 ( 1975 ) dogs participated during inspection! 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New York, 445 F.2d 105 ( 7th Cir:... In state EX REL of New Northern District of New York US Federal District,. D., supra the plaintiffs have prayed for three forms of relief, seeking a judgment! And its companion sections the various dog handlers in regard to their availability for the inspection informing them the! At the two girls to the class regarding knowledge of the dogs conduct such a.. Her academy usual bellnier v lund schedule for an extra 1 and periods ( 18th Ed their usual classroom for! Miami County, Indiana students of refusal to speak out against those students to which a dog to! With assistance from a uniformed officer does not change their function until an alert one... 203 ( 3d Cir inspection were certified and trained by Little at her academy from. Judgment on the morning in question all students were given an opportunity perform... 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 ( 1972 ) in. 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