See also, Shelton v. Pargo, Inc., 582 F.2d 1298 (4th Cir. Presentation Goals. ACCEPT, 95 S.Ct. 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. 2251. 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. School Principals,375 F. Supp. This Court finds that joinder would have been permissible and that in light of counsel's motion to dismiss party plaintiffs it now DENIES plaintiff's motion for class certification. The Supreme Court established in New Jersey v. T.L.O. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom. [9] This *1019 latter area also has implications in the public school context. One case may point the direction. And searches to prevent skyjacking are subject to a modified probable cause requirement and are excepted from the warrant requirement. 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. 1976); and U. S. v. Grosskreutz, 5 M.J. 344 (C.A.M.1978). Term, 1st Dept. 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. 4. School Principals, 375 F.Supp. Rptr. On the morning of December 6, 1974, plaintiffs and their classmates, members of the fifth grade class at Auburn's Lincoln Elementary School, arrived at the classroom in their usual fashion. Each classroom teacher was instructed to keep their students in the first period class and to have them perform their customary work. NOTES In In re T.L.O. See, e. g., Education Law 3001-3020-a. Since no search was performed up until the time the dogs alerted, no warrant was necessary for the initial observation by the school officials. For example, drugs, weapons, suicides, robberies, and assaults are now everyday occurrences in some educational facilities. It was not unusual for students to be kept in their classrooms longer than the normal periods. Students are exposed to various intrusions into their classroom environment. 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d 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. 2d 317 (La.1975); Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. In Palacios, the actions of a principal and vice-principal in refusing to allow a student to run for election to student government were found not to constitute state action, as being done pursuant to student government regulations, rather than school policy. 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). There is a heavy if not total carryover of the ideas expressed to administration of the public schools. The outer garments hanging in the coatroom were searched initially. Both these campuses are located on the same site. The students were then asked to empty their pockets and remove their shoes. 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. 2d 725 (1975); also, cf. 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. These school officials can secure proper aids to supplement and assist basic human senses. 2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. Solis, supra. 1974). [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. Unit School Dist. Case 3:19-cv-00513-GTS-ATB Document 163 Filed 01/20/21 Page 3 of 55. of Ed. Search of Student & Lockers 47 New Jersey v. T.L.O. The Second Circuit Court of Appeals held in United States v. Bronstein, 521 F.2d 459 (2d Cir. Bookbag and locker searches should be done primarily because it lowers the amounts of deaths and injuries occurring in schools. v. South Dakota H. Sch. 23(b) (2). and State v. *1024 In conducting the pocket search, as well as the other searches in question, the school officials clearly were not concerned with the discovery of evidence to be used in criminal prosecutions, but rather were concerned solely with the elimination of drug trafficking within the schools. Each handler participated as an unpaid volunteer with their own dogs.[7]. She was permitted to turn her back to the two women while she was disrobing. Please support our work with a donation. The proper administration of the public schools necessarily involves the requirement that students be in certain places at certain times. 47 (N.D.N.Y. The cases of Picha v. Wielgos,410 F. Supp. 1974). Document Cited authorities 50 Cited in 35 Precedent Map Related Vincent 438 F. Supp. 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. 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. 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. 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. The effect was anything but a gestapo-like effort run by gestapo-type people. Cf. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. 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. No. 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! Plaintiff, however, contends that the walking up the aisles and the sniffing of the dog constituted a search within the meaning of the Fourth Amendment and, as such, it was not based upon probable cause and was therefore in violation of her constitutionally protected rights. 2d 419 (1970). In a proper case, the conduct of a properly trained dog standing alone can provide the necessary basis for probable cause. Northwestern Sch. Their presence does not change the actions of the school official from that of supervision in loco parentis to that of an unwarranted search. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. [3] In Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 1401, 51 L. Ed. 47 (N.D.N.Y.1977). The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. 1986); Flores v. Meese, 681 F. Supp. See the answerSee the answerSee the answerdone loading 5,429 F. Supp. 99 (D.Me., N.D.1969); State v. Wingerd, 40 Ohio App.2d 236, 318 N.E.2d 866 (1974) (dictum); State v. Mora,307 So. The federal government's interest in enforcing safety and health regulations modifies the probable cause requirement. 1977). Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. Plaintiff's assertion misreads the present state of the law concerning the use of drug detecting canines. 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. Drug use within the school became an activity the school administrator wished to eliminate. 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. Moreover, the presence of the dog and its trainer within the classroom, also at the request and supervision of the school officials, was only an aide to that official's observation of students. It cannot be denied that each of the school administrators possessed the authority to enter a classroom on the day in question in order to prevent the use of illicit drugs. 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. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. In Solis, the Court of Appeals reversed the district court's holding that use of the dog was a search without probable cause and therefore illegal. 75-CV-237. School Dist., supra at 478-79; People v. Scott D., supra, 34 N.Y.2d at 490; Bellnier v. Lund, supra at 53.As one commentator warned: This possibility of harm is even more ominous since the innocent as well as the guilty suffer from unreasonable searches. . Rule 56. 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. 380, 323 A.2d 145 (1974); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. Professors, teachers and school administrators are increasingly faced with concerns not even thought of in previous decades. Ass'n, 362 F.Supp. 1975). Fifty students were alerted to by the drug detecting canines on the morning in question. ., 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." 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. She was quietly escorted to a nurse's station in the Junior High School and was asked to remain in the waiting room. 591, 284 N.E.2d 108 (1972). You can explore additional available newsletters here. She was then asked to remove her clothing. Those named plaintiffs alleged that search activities conducted by certain school officials assisted by local police officers violated the plaintiffs' rights secured by the Fourth and Fourteenth Amendments to the Constitution. Use of the dogs to detect where those drugs were located was not unreasonable under the circumstances. Bellnier v. Lund, 438 F. Supp. 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. 1331, 1343(3) and 1343(4). See, e. g., Education. See, e. g., Terry v. Ohio, supra. Plaintiff Doe was one of those students to which a dog continued to alert after she emptied her pockets. Perez v. Sugarman, 499 F.2d 761 (2d Cir. 1974). 741-742; see also Mapp v. Ohio,367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. . 1977) (1 time) MM v. Anker, 477 F. Supp. Bellnier v. Lund, 438 F. Supp. Salem Community School Corp. v. Easterly, 150 Ind.App. You're all set! 665 - FLORES v. MEESE, United States District Court, C.D. This Court holds that, while there need not be a showing of probable cause in a case such as this, there must be demonstrated the existence of some articulable facts which together provided reasonable grounds to search the students, and that the search must have been in furtherance of a legitimate purpose with respect to which school officials are empowered to act, such as the maintenance of discipline or the detection and punishment of misconduct. 729, 42 L.Ed.2d 725 (1975); also, cf. A search of those items failed to reveal the missing money. 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. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. Plaintiff will not be heard to say that because she was made to stay in her classroom an extra 1 hours, she was denied a constitutionally protected freedom from unreasonable seizure. den., 424 U.S. 918, 96 S. Ct. 1121, 47 L. Ed. 5, supra. 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. 47 (N.D.N.Y.1977). Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. 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. 1983. Realizing fully that the military cases are not dispositive of or binding precedent on the issues raised here, the history of the manner in which the Court of Military Appeals has approached the problem is revealing. U. S. v. Ramsey,431 U.S. 606, 97 S. Ct. 1972, 52 L. Ed. 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. Dist. In the execution of this plan, the school officials sought the aid of other trained persons who had relevant talents from various community resources. The health and safety of all students at the two schools was threatened by an increase in drug use. Border searches are subject to a modified probable cause requirement and are excepted from the warrant requirement. 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. The academy trains and certifies dogs and their handlers in the detection of marijuana and explosives as well as in tracking and attack. The students were then asked to empty their pockets and remove their shoes. 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. Defendant Knox's sole participation in the incident occurred on December 9, 1974, when, while speaking at a formal meeting of the School Board, he defended the legality of the search in issue. It is equally apparent that in the fulfillment of their statutorily imposed duties these school officials could and should use their human senses to detect conditions that were violative of the good order of the school. Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. This element, loosely termed as "state action", is highly amorphous, and is generally determined on a case-by-case basis after an analysis of the facts involved. 1981 et seq. 1976) (a three way split on critical issues); U. S. v. Paulson, 7 M.J. 43 (April 9, 1979), reversing on other grounds 2 M.J. 326 (A.F.C.M.R. 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. Plaintiff was asked if she had ever used marijuana to which she answered she had not. See Johnson v. U. S.,333 U.S. 10, 68 S. Ct. 367, 92 L. Ed. Cf. In finding that the Fourth Amendment does apply in this case, this Court does not mean to imply that a showing of probable cause is necessary in order to uphold the search as reasonable. 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. [7] Plaintiff emphasizes the occupations of the volunteer dog handlers used in this investigation as being predominately law enforcement employees. 775 (Ct. of App., 1st Dist. 18. Marshall v. Barlow's, Inc.,436 U.S. 307, 98 S. Ct. 1816, 56 L. Ed. Searches of Places Such a request is akin to a prayer for injunctive relief against a criminal act. As this Court saw and heard her in the court room, there is absolutely nothing sinister about her. As was stated by the Court in Wood. We rely on donations for our financial security. 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. 1971), with Warren v. National Ass'n of Sec. You can explore additional available newsletters here. 47 (N.D.N.Y. 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. 1977). See U. S. v. Middleton, 3 M.J. 425 (C.M.A.1977). 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. 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. One of the two girls was the respondent T. L. O., who at that time was a 14-year-old high school freshman. 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. Bellnier v. Lund, 438 F. Supp. Again, this is a long and well Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. Roberts d.Bellnier v. Lund b. The plaintiff further seeks to have the complained of activities of the named defendants permanently enjoined. See Baker v. McCollan, ___ U.S. ___, 99 S. Ct. 2689, 61 L. Ed. Obviously, under the reasoning of Johnson and Chadwick a description of a dog's conduct, training and experience by a knowledgeable person who can interpret the conduct of the dog as signaling the presence of a controlled substance would constitute the minimal requirement for finding probable cause. Mapp v. Ohio, 367 U.S. 643 (1961). 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. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. F.R.C.P. . 901 (7th Cir. 1975), cert. But these specific requirements can be modified by special circumstances. Various police departments were one such resource. 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. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. 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, In twenty school days before the investigation, thirteen incidents were reported where students were found either to be in possession of drugs or drug paraphernalia or under the influence of drugs or alcohol. Ms. Little with her vast experience in the training of dogs was another resource. 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. See also State v. Baccino, supra. The plaintiffs are therefore entitled to a summary judgment to that effect, except with respect to defendant Knox. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. [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. This element, loosely termed as "state action", is highly amorphous, and is generally determined on a case-by-case basis after an analysis of the facts involved. (It should be noted this case went off on the warrant requirement and not the existence of probable cause.). 2d 324 (1976), that the sniffing of a canine at a baggage terminal did not constitute a search. By conducting the pocket search, the school officials did not violate the plaintiff's right to be secure against unreasonable search and seizure. at 206, 498 F.2d at 748; Bronstein, supra, at 460; Solis, supra, at 881; Venema, supra, at 1004, 1005. 441 F.2d 560 - EXHIBITORS POSTER EXCH. Plaintiff, as well as other students, is subject to the daily routine of class attendance in an educational environment. Dogs have long been used in police work. Both these campuses are located on the same site. Four such teams were used in the Senior High School building and two were operating in the Junior High School rooms. Cf. 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. The existence of such odors often provides useful information to investigative law enforcement officers concerning the location and proximity of illegal controlled substances. 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. Several hundred parents or patrons of the Highland School System were permitted to intervene as party defendants. 2d 324; U. S. v. Pond, 523 F.2d 210 (2d Cir. In United States v. Fulero, 162 U.S.App.D.C. 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. Monroe v. Pape,365 U.S. 167, 81 S. Ct. 473, 5 L. Ed. You're all set! The Supreme Court established in New Jersey v. T.L.O. 288 (S.D.Ill.1977). The outer garments hanging in the coatroom were searched initially. After extensive oral argument and presentation of evidence on June 7, 1979, this Court dismissed all but the above captioned defendants. Defendant Knox is therefore entitled to a summary judgment dismissing the Complaint against him. reasonableness based on offense Rptr. App. 47 (N.D.N.Y.1977); People v. Scott D., supra, fn. To carry out this procedure, they requested the assistance of the Highland Police Department and of volunteer canine units experienced in drug detection. 3d 320, 102 Cal. 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. In Beard v. Whitmore Lake School District,' the Sixth Circuit examined whether the law governing searches of students, specifically strip searches, was clearly estab- lished and deprived school officials of qualified immunity. Both public and. Rptr. 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. She contacted the various dog handlers in regard to their availability for the inspection informing them of the time and place. 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. The state's petition for certiorari in T.L.O. The operation was carried out in an unintrusive manner in each classroom. 1214 - PICHA v. 1973). 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. Such a regulation of a student's movement in no way denies that person any constitutionally guaranteed right. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. The plaintiffs have prayed for three forms of relief, seeking a declaratory judgment, damages, and an injunction. 2d 889 (1968); People v. Singletary, supra; People v. D., supra. There, a search was conducted of their desks, books, and once again of their coats. 47 (N.D.N.Y. Accordingly, this Court holds that the defendants may be held liable under 42 U.S.C. 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. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. 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. I.C. 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.

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