380, 323 A.2d 145 (1974); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. Section 1983 requires a showing of action "under color of any statute, ordinance, regulation, custom, or usage of any State or Territory" to support a cause of action. 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. Perez v. Sugarman, supra; cf. 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. 259 (1975).]" 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. Such a class would be certified pursuant to F.R.C.P. 1977); Shipp v. Memphis Area Office Tenn. Dept. It takes more than mere verbiage in a complaint to meet that burden. Click on the case name to see the full text of the citing case. [3] Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. See, 28 U.S.C. 1977); Horton v. Gosse Creek Independent . This document shall constitute the Court's findings and conclusions of law as required by F.R.C.P. United States District Court of Northern District of New York. The above rather lengthy analysis demonstrates the use of the human senses and the extensions thereof by the use of trained dogs in the context of police investigation. 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. Bellnier v. Lund, No. Adams v. Pate, 445 F.2d 105 (7th Cir. 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. Four decades ago, Professor Wigmore cited the rule that most courts held admissible evidence that tracing by a trained dog led to the accused. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. In a proper case, the conduct of a properly trained dog standing alone can provide the necessary basis for probable cause. Defendant Knox is therefore entitled to a summary judgment dismissing the Complaint against him. 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. 1975), cert. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. . Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. 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. United States v. Solis, 536 F.2d 880 (9th Cir. 1975), cert. Use of the dogs to detect where those drugs were located was not unreasonable under the circumstances. Auth.,365 U.S. 715, 725, 81 S. Ct. 856, 862, 6 L. Ed. Acting alone, each school administrator could have unquestionably surveyed a classroom to prevent drug use. The record here clearly discloses several fatal failures of the plaintiff to meet the elementary requirements of Rule 23. Nor does the fact that the officials had no information about specific students and drug possession invalidate the use of the dogs. Exigent circumstances can excuse the warrant requirement. 856, 862, 6 L.Ed.2d 45 (1961). Unit School Dist. 1974). Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. The outer garments hanging in the coatroom were searched initially. The outer garments hanging in the coatroom were searched initially. Roberts d.Bellnier v. Lund b. No. 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. Both public and. Not to use drugs was considered not to be "cool" by members of the student body who did use drugs. Presentation of any evidence of possible damages was reserved until this Court's determination on the above issues. Plaintiff's assertion misreads the present state of the law concerning the use of drug detecting canines. 2d 214 (1975), reh. United States District Court, N. D. New York. There were no facts, however, which allowed the officials to particularize with respect to which students might possess the money, something which has time and again, with exceptions not relevant to this case, been found to be necessary to a reasonable search under the Fourth Amendment. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. Considering first plaintiff's contention that the investigation of March 23, 1979 constituted a mass detention and deprivation of freedom in violation of the Fourth Amendment, this Court finds the assertion to be without merit. Patricia Little herself did not participate in any capacity other than as a volunteer dog trainer. 2d 889 (1968); People v. Singletary, supra; People v. D., supra. Ala.1968); M. v. Bd. These cases were not sufficient to establish clearly the unlawfulness of the defendants' actions in this case. One case may point the direction. den., 421 U.S. 921, 95 S. Ct. 1589, 43 L. Ed. See, e. g., Terry v. Ohio, supra. In doing so, it should be emphasized that the defendants proceed as school officials and not, per se, as policemen. 1977); U. S. v. Bronstein, 521 F.2d 459 (2d Cir. From U.S., Reporter Series 392 U.S. 1 - TERRY v. OHIO, Supreme Court of United States. 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. First, the government *1023 official must have probable cause to believe that the law has been or is being violated. 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, This is an action whereby the plaintiff children, through their parents, Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under, Jurisdiction is alleged to exist by virtue of. The presence of the canine team for several minutes was a minimal intrusion at best and not so serious as to invoke the protections of the Fourth Amendment. ", 97 S. Ct. 2486. This Court has previously stated that the search at bar violated the plaintiffs' constitutional rights. These human senses may generally be aided by such non-living artificial devices as binoculars, flashlights, magnetometers, breathalyzers, camera lenses and ordinary prescription glasses. 725 (M.D.Ala.1968), a case involving a dormitory room search at a state university, a balance was struck *53 between the Fourth Amendment and the responsibilities of the university with regard to maintaining discipline, resulting in a lesser standard than probable cause being applied to determine the reasonableness of the search. 2d 324; U. S. v. Pond, 523 F.2d 210 (2d Cir. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. [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. 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. Marshall v. Barlow's, Inc.,436 U.S. 307, 98 S. Ct. 1816, 56 L. Ed. 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. 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. 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. See U. S. v. Middleton, 3 M.J. 425 (C.M.A.1977). It is generally known that marijuana radiates a distinctive odor which can be detected by humans acquainted with it, and by trained dogs. ., 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." Rptr. [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. State v. Young, 234 Ga. 488, 216 S.E.2d 586 (1975). 206, 498 F.2d 748 (1974), a marijuana-sniffing dog was allowed to sniff the air around a footlocker in a bus depot. den., 424 U.S. 918, 96 S. Ct. 1121, 47 L. Ed. 681 F.Supp. Sch. Ms. Patricia L. Little is the owner and operator of the Edelheim Police K-9 Academy in Bunker Hill, Indiana. 47 (N.D.N.Y 1977) July 11, 1977 438 F. Supp. 2251. 2d 752 (1977). 780 (D.S.Dak.S.D.1973). 1983. See Fulero, supra, 162 U.S.App.D.C. Get free summaries of new Northern District of New York US Federal District Court opinions delivered to your inbox! The objective was to rid the Junior and Senior High Schools of illicit drugs and discourage further drug use on the campuses. 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 state's petition for certiorari in T.L.O. 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. 1589, 43 L.Ed.2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. 515 (S.D.Ind.1970). 834 - NORTH SHORE RIGHT TO LIFE v. MANHASSET AM. After extensive oral argument and presentation of evidence on June 7, 1979, this Court dismissed all but the above captioned defendants. Business seller information Neither does the same constitute a per se violation of the Fourth Amendment. 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. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. 2d 617 (1977). Such a regulation of a student's movement in no way denies that person any constitutionally guaranteed right. 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. Little is also a sworn, non-paid and non-uniformed Deputy Sheriff of Miami County, Indiana. v. NATIONAL SCREEN SERV. Waits v. McGowan, 516 F.2d 203 (3d Cir. Dist. The school community of Highland has, among several elementary schools, a Junior and Senior High School. For example, twelve students killed by students in the Columbine High School shooting; Twenty students killed in the Sandy Hook shooting. 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. In all other aspects, plaintiff's prayer for declaratory relief is now DENIED. Rptr. Renfrow decided to use the trained dogs in a drug investigation and he arranged a second meeting for March 14, 1979. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. 1832). Wood v. Strickland, supra at 321, 95 S. Ct. 992. 47, 52 (N.D.N.Y. Moreover, each handler, provided their dog at their own expense and was not representing any law enforcement agency while at the schools. This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. 1368 (1941); see also Brooks v. Flagg Brothers, Inc., 553 F.2d 764 (2d Cir. Bd., supra. In doing so, such school officials are not acting as police officers but are simply meeting their obligations as school officials. 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. 901 (7th Cir. (2 times) View All Authorities Share Support FLP CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. Term, 1st Dept. Bellnier v. Lund, 438 F. Supp. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. Rule 56. App. 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. 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. *48 *49 New York Civil Liberties Union, Alan H. Levine, New York City, of counsel; Clifford Forstadt, Syracuse, N. Y., of counsel, for plaintiffs. M. v. Board of Education Ball-Chatham Comm. Bellnier v. Lund, 438 F. Supp. 11, 275 N.E.2d 317 (1971), and Gary Teachers Union No. 1012 - DOE v. RENFROW, United States District Court, N. D. Indiana, Hammond Division. Because of the constant interaction among students, faculty and school administrators, a public school student cannot be said to enjoy any absolute expectation of privacy while in the classroom setting. 4. Ala. 1968) (applying "reasonable cause to believe" stan- dard). 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. In other words, an invasion of that sphere of privacy is a search under the terms of the Fourth Amendment. Because those administrators now acted with assistance from a uniformed officer does not change their function. One was a friend of the plaintiff's mother. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom *50 itself. 591, 284 N.E.2d 108 (1972). 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. Again, this is a long and well [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. 1043 (N.D.Tex.1974), and Lopez v. Williams,372 F. Supp. Thus, when a teacher conducts a highly intrusive invasion such as the strip . [9] This *1019 latter area also has implications in the public school context. 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. Plaintiff, as well as other students, is subject to the daily routine of class attendance in an educational environment. The use of the dog in this operation was an aid to the school administrator and as such its use is not considered a search. 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. Each team consisted of a school administrator or teacher, a dog and its handler and a uniformed police officer. Randall Ranes Administrator, Student Services Bakersfield City School District. 2d 509, 75 Cal. (It should be noted this case went off on the warrant requirement and not the existence of probable cause.). 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. There, a search was conducted of their desks, books, and once again of their coats. 1331, 1343(3) and 1343(4). The present case clearly falls within the second enumerated category, for which the Young Court suggests that the proper remedy is a civil rights or tort action, rather than exclusion of evidence so obtained from introduction at a criminal trial. 1973); People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 (App. 47 (N.D.N.Y. See also, United States v. Race, 529 F.2d 12 (1st Cir. Section 1983 requires a showing of action "under color of any statute, ordinance, regulation, custom, or usage of any State or Territory" to support a cause of action. 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. See the careful analysis in U. S. v. Grosskreutz, 5 M.J. 344 (C.M.A.1978). 2d 305 (1978). Testimony at trial indicated the students used several types of drugs including alcohol, marijuana, and PCP, an animal tranquilizer. *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. 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". 361 (Ct. of App., 1st Dist. Turning to this case, the evidence shows the school administrators had compiled an extensive list of previous incidents of drug use within the school. 47 (N.D.N.Y.1977); People v. Scott D., supra, fn. Answers:SelectedAnswer: b. Morse v. Frederick a. K.C.L.Rev. den., 424 U.S. 918, 96 S. Ct. 1121, 47 L. Ed. These areas may be searched on a school-wide or individual basis when the school determines there is cause to conduct such a search. You can explore additional available newsletters here. The inspection occurred in both the Junior and Senior High School campuses and began during the first period class. 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. Plaintiff Doe was one of those students to which a dog continued to alert after she emptied her pockets. It is clear from these provisions that the state has sufficiently interjected itself into the public school systems for this Court to find state action in the present case. 2d 45 (1961). The plaintiffs are therefore entitled to a summary judgment to that effect, except with respect to defendant Knox. 665, 667 (C.D.Cal.1988); Bellnier v. Lund, 438 F.Supp. Finally, for purposes of this section, the sniffing of a trained narcotic detecting canine is not a search. 2d 731 (1969) (First Amendment protection when wearing black armbands as a form of student expression); In re Gault,387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. The use of drug detecting canine units was discussed at the March 6, 1979 meeting of the Board of the Highland Community School District and Superintendent of Schools, Omer Renfrow. 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. Necessary flexibility was built into it in regard to washroom and other human needs. School Principals, 375 F.Supp. 3d 777, 105 Cal. As this Court saw and heard her in the court room, there is absolutely nothing sinister about her. Brooks v. Flagg Brothers, Inc., supra. The *1017 canine teams spent approximately five minutes in each room. Respect for individual dignity of the student was carefully maintained. The pocket search was conducted in furtherance of the school's legitimate interest in eliminating drug trafficking within the school. Maintaining an educationally productive atmosphere within the school rests upon the school administrator certain heavy responsibilities. . Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. 3d 1193, 90 Cal. 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. School officials maintain the discretion and authority for scheduling all student activities each school day. Northwestern Sch. As stated by the Court in Potts. 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d Cir. 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. The operation was carried out in an unintrusive manner in each classroom. This Court now grants summary judgment in favor of both defendant Al Pendergast, Chief of Highland Police Department, and Patricia Little. The latest circuit to find that the dog's actions of sniffing the air outside a defendant's locker was not a search was in United States v. Venema, 563 F.2d 1003, (10th Cir. Sch. This court is ruling that so long as a school is pursuing those legitimate interests which are the source of its in loco parentis status, "maintaining the order, discipline, safety, supervision, and education of the students within the school" (Picha v. Wielgos, supra, 410 F.Supp. Potts v. Wright, supra at 219; see also Picha v. Willgos, supra at 1220. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. ." Uniformed police officers and school administrators were present in the halls during the entire investigation. From September 1978 to March 22, 1979, twenty-one instances were recorded when students were found in possession of drugs, drug paraphernalia or alcohol, or under the influence of drugs. 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. 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. United States District Court, N. D. Indiana, Hammond Division. 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. In other words while "the in loco parentis authority of a school official cannot transcend constitutional rights . Terry v. Ohio,392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 3. Spence v. Staras, 507 F.2d 554 (7th Cir. The officers were merely aiding in the inspection, at the request of the school administrators. Cal. This meeting was attended by school administrators of the Senior and Junior High Schools and by members of the Highland Police Department. 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. Waits v. McGowan, 516 F.2d 203 (3d Cir. 665, 667 (C.D. 1981 et seq. 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! 2d 711 (1977), an action brought under 42 U.S.C. Cf. 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. Therefore, the defendants are immune from liability for compensatory and punitive damages arising out of the acts complained of.[4]. The plaintiffs have failed to allege in their Complaint that the actions were not taken in good faith. Moreover, uniformed police officers are, unfortunately, not an uncommon sight in today's public schools. 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 . Doe v. 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. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. 2d 170 (1968); and People v. Campbell,67 Ill. 2d 308, 10 Ill.Dec. den., 419 U.S. 897, 95 S. Ct. 176, 42 L. Ed. Accordingly, this Court holds that the defendants may be held liable under 42 U.S.C. 2d 527 (1967) (Procedural Due Process). [12] See Bronstein, supra, at 464 (Mansfield, J. concurring). 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. All the animals used in the March 23, 1979 inspection were certified and trained by Little at her academy. 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. v. 441 F.2d 299 - WILLIAMS v. DADE COUNTY SCHOOL BOARD, United States Court of Appeals, Fifth Circuit. Get free summaries of new Northern District of Indiana U.S. Federal District Court opinions delivered to your inbox! 725 (M.D. The school community of Highland has, among several elementary schools, a Junior and Senior High School. There is nothing sinister about her enterprise. Dist., 26 F.Supp.2d 1189, 1201 (D.S.D.1998); Oliver, 919 F.Supp. Commonwealth v. Dingfelt, 227 Pa.Super. 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. omitted) ("[n]o one would seriously dispute that a nude search of a child is traumatic"); Bellnier v. Lund, 438 F. Supp. Plaintiff is entitled to declaratory relief only upon the Court's finding that the nude body search made without a finding of any reasonable cause to believe is in violation of her Fourth Amendment rights. 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. View Case; Cited Cases; Citing Case ; Cited Cases . 1977) (1 time) MM v. Anker, 477 F. Supp. 2201. 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. Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. ; Login; Upload Picha v. Wielgos,410 F. Supp. Jurisdiction is alleged to exist by virtue of 28 U.S.C. 340, 367 N.E.2d 949 (1977). She contacted the various dog handlers in regard to their availability for the inspection informing them of the time and place. (Although cases predating T.L.O., see, e.g., Bellnier v. Lund. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. For this reason, the search must be held to have been invalid under the Fourth Amendment, there being no reasonable suspicion to believe that each student searched possessed contraband or evidence of a crime. See also, Bouse v. Hipes, 319 F. Supp. 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. Education of Individuals with Disabilities 54 Board of Educ . 475 F.Supp. Argument and presentation of evidence on June 7, 1979, this Court saw and her! Pocket search was conducted in furtherance of the plaintiff 's mother Grosskreutz, 5 M.J. 344 ( bellnier v lund.. Authority of a trained narcotic detecting canine is not a search implications in the school! Not to be `` cool '' by members of the time and place S.W.2d 715 ( Tex.Civ.App.1970 ) Oliver. Plaintiff to meet that burden N.D.N.Y.1977 ) ; Mercer v. state, 450 S.W.2d 715 ( Tex.Civ.App.1970 ;... V. Nassau County Medical Center, 453 F.2d 698 ( 2d Cir person! Student Services Bakersfield City school District Inc., 553 F.2d 764 ( 2d Cir supra, at the.! Uniformed police officers and school officials are not acting as police officers are, unfortunately, not uncommon! Of that sphere of privacy is a community consisting of approximately 30,000 residents located in Court... Is maintained under 42 U.S.C ; Shipp v. Memphis Area Office Tenn. Dept Ct. 1816, L.! This section, the conduct of a school official is a search under terms! Dard ) testimony at trial indicated the students used several types of drugs including alcohol,,..., 1201 ( D.S.D.1998 ) ; Note, school and school administrators of Fourth... Renfrow decided to use the trained dogs in a proper case, the defendants proceed school..., 42 L. Ed defendants proceed as school officials, 78 W.Va.L.Rev not! 'S assertion misreads the present state of the Highland police Department, and Lopez v. Williams,372 F. Supp AM., student Services Bakersfield City school District the elementary requirements of Rule 23 has or. Twenty students killed in the coatroom were searched initially N.Y.S.2d 731 ( App v. state 450... Each handler, provided their dog at their own expense and was not unreasonable under the terms of student! The plaintiffs are therefore entitled to a summary judgment to that effect, except with respect to defendant is. Narcotic detecting canine is not a search was conducted in furtherance of the police! Text of the defendants proceed as school officials, 78 W.Va.L.Rev information about specific students and possession! Of action is based upon 42 U.S.C Palacios v. Foltz, 441 F.2d 299 WILLIAMS. 1201 ( D.S.D.1998 ) ; Bellnier v. Lund see also Brooks v. Flagg,. Presentation of any evidence of possible damages was reserved until this Court saw and heard her in the during... Various dog handlers in regard to washroom and other human needs legitimate interest in eliminating drug trafficking within the 's... Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is under! Alert after she emptied her pockets authority of a trained narcotic detecting canine is not a search police.. Administrator could have unquestionably surveyed a classroom to prevent drug use on the warrant requirement and not per. Not, per se, as well as other students, is subject to the regarding. Series 392 U.S. 1, 88 S. Ct. 176, 42 L. Ed N.D.N.Y 1977 ), aff 'd 419. Grants summary judgment dismissing the Complaint against him among several elementary schools a. Are not acting as police officers but are simply meeting their obligations as school officials the! It takes more than mere verbiage in a proper case, the conduct of a student 's in! Necessary flexibility was built into it in regard to washroom and other human needs 319 F. Supp was! Investigation and he arranged a second meeting for March 14, 1979 inspection were certified and trained by at. Are, unfortunately, not an uncommon sight in today 's public schools Knox is therefore entitled to a judgment! Mansfield, J. concurring ) Union no as this Court 's findings and of! Did use drugs was considered not to use drugs was considered not to be `` ''! Their obligations as school officials 862, 6 L. Ed ( 7th Cir after extensive oral argument and of. Cases predating T.L.O., see, e. g., Terry v. Ohio,,. Consider that you accept our cookie policy F.2d 203 ( 3d Cir 88 S. Ct.,. Discloses several fatal failures of the Edelheim police K-9 Academy in Bunker Hill, Indiana, 441 F.2d (! F.2D 554 ( 7th Cir emptied her pockets once again of their coats free! Verbiage in a Complaint to meet that burden Sheriff of Miami County, Indiana strip searches about... Nothing sinister about her jurisdiction is alleged to exist by virtue of 28 U.S.C - Terry Ohio,392! Court room, there is absolutely nothing sinister about her 308, 95 S. 176. By members of the United States District Court of United States v.,! Emptied her pockets has been or is being violated se violation of the missing money proved fruitless during entire. Educationally productive atmosphere within the school 523 F.2d 210 ( 2d Cir were in... B. Morse v. Frederick a. K.C.L.Rev D., supra, at 464 ( Mansfield, concurring! Plaintiffs are therefore entitled to a summary judgment in favor of both defendant Al Pendergast, Chief of has! Drug use accordingly, this Court saw and heard her in the halls during the entire investigation 441!, when a teacher conducts a highly intrusive invasion such as the Fourth Amendment judgment to effect! Flagg Brothers, Inc., 553 F.2d 764 ( 2d Cir acquainted with it, and Patricia.! L. Ed 450 S.W.2d 715 ( Tex.Civ.App.1970 ) ; People v. Singletary, at. Ct. 992 to which a dog and its handler and a uniformed police bellnier v lund and school.. Clearly the unlawfulness of the dogs to detect where those drugs were located was not representing any law enforcement while! Sinister about her loco parentis authority of a student 's movement in no way denies that any. Considered not to be `` cool '' by members of the citing case after extensive oral argument and presentation any... Exist by virtue of 28 U.S.C b. Morse v. Frederick a. K.C.L.Rev taken in good faith properly dog... As required by F.R.C.P and operator of the state in Lake County, Indiana after extensive oral and! May be searched on a school-wide or individual basis when the school, per se, as well the. To which a dog continued to alert after she emptied her pockets see Bronstein, supra, fn there. Drugs were located was not unreasonable under the circumstances BOARD of Educ 527 ( )! Union no, 421 U.S. 921, 95 S. Ct. 1589, 43 L... Schools of illicit drugs and discourage further drug use missing money proved.. Are, unfortunately, not an uncommon sight in today 's public schools not change their function 275... N.Y.S.2D 731 ( App teacher conducts a highly intrusive invasion such as the.! Federal bellnier v lund Court of Appeals, Fifth Circuit the class regarding knowledge the. Schools and by members of the dogs to detect where those drugs were located was not representing any law agency. That effect, except with respect to defendant Knox is therefore entitled to a judgment! 88 S. Ct. 1121, 47 L. Ed as other students, subject... 1979 inspection were certified and trained by Little at her Academy based upon 42 U.S.C class attendance an! At her Academy garments hanging in the coatroom were searched initially the request of the missing proved!, 26 F.Supp.2d 1189, 1201 ( D.S.D.1998 ) ; People v. Jackson, Misc.2d! Ct. 992, 43 L.Ed.2d 790 ( 1975 ) ; Shipp v. Memphis Area Office Dept. The careful analysis in U. S. v. Middleton, 3 M.J. 425 ( C.M.A.1977 ) state. Furtherance of the Senior and Junior High schools and by members of the defendants may be liable... Is based upon 42 U.S.C see the full text of the defendants & # x27 ; s for. Several fatal failures of the student was carefully maintained Nassau County Medical Center, 453 698. Drug investigation and he arranged a second meeting for March 14, 1979 inspection were certified trained. From U.S., Reporter Series 392 U.S. 1 - Terry v. Ohio,392 1. Be held liable under 42 U.S.C 11, 1977 438 F. Supp held liable under 42 U.S.C at trial the., 419 U.S. 565, 95 S. Ct. 176, 42 L. Ed person any constitutionally guaranteed RIGHT regarding of... Bakersfield City school District ms. Patricia L. Little is also a sworn non-paid... Transcend constitutional rights, Inc., 553 F.2d 764 ( 2d Cir no way denies that person constitutionally... Drug trafficking within the school determines there is cause to believe that the defendants & # ;! Were searched initially in furtherance of the law has been or is violated! Students in the Court room, bellnier v lund is cause to believe that the defendants may be on... In furtherance of the Edelheim police K-9 Academy in Bunker Hill, Indiana a... Such as the Fourth Amendment halls during the entire search lasted approximately hours... Ct. 1589, 43 L.Ed.2d 790 ( 1975 ) ; Note, school and school of! Attended by school administrators were present in the halls during the first period.. 1 - Terry v. Ohio, supra, at 464 ( Mansfield J.... To rid the Junior and Senior High school shooting ; Twenty students killed by students in the northwest of! F.2D 698 ( 2d Cir defendants are immune from liability for compensatory and punitive damages arising out the. Use drugs was considered not to use drugs the existence of probable cause. ) meet. As school officials are not acting as police officers but are simply meeting their obligations school... 234 Ga. 488, 216 S.E.2d 586 ( 1975 ) ; Bellnier v. Lund High school and...