Dist. STUDENT SEARCHES AND SEIZURES: LEGAL STANDARDS, POLICY, AND PROCEDURES. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. 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. VLEX uses login cookies to provide you with a better browsing experience. One of these is that of providing an environment free from activities harmful to the educational function and to the individual students. Sch. 1976); and U. S. v. Grosskreutz, 5 M.J. 344 (C.A.M.1978). Presentation Creator Create stunning presentation online in just 3 steps. Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. [7] Plaintiff emphasizes the occupations of the volunteer dog handlers used in this investigation as being predominately law enforcement employees. . Both were escorted to the principal's office where the student denied smok-275. The pocket search was conducted in furtherance of the school's legitimate interest in eliminating drug trafficking within the school. Both parties have moved for a summary judgment, pursuant to F.R.C.P. 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. 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. See also State v. Baccino, supra. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. 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. Because those administrators now acted with assistance from a uniformed officer does not change their function. This meeting was attended by school administrators of the Senior and Junior High Schools and by members of the Highland Police Department. Little did not have any knowledge of, or direct involvement in, the search of plaintiff, Doe. of Emp. at 292.[13]. 410 F.Supp. 2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. 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. 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. U. S. v. Guerra, 554 F.2d 987 (9th Cir. During an eight hour day, students must move from room to room, attending classes designated by the administration and taught by teachers hired by the school system. (internal citation omitted). State action is generally found to exist when what is involved is the exercise of power possessed only because the wrongdoer is clothed with the authority of state *51 law. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. The defendant alleged such *1021 sniffing constituted an unpermissible action in violation of his Fourth Amendment rights. Of course, this requirement while basic and fundamental depends on the test of reasonableness. Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. 4. It also includes some new topics such as bullying, copyright law, and the law and the internet. [1] There is some dispute as to whether some of the students were then subjected to a "pat down" by the defendants. 2d 649 (1976); U. S. v. Martinez-Miramontes, 494 F.2d 808 (9th Cir. It is well settled that school officials possess a qualified good faith immunity with respect to acts performed within the course of their duties. Bellnier v. Lund,438 F. Supp. 52. 515 (S.D.Ind.1970). 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. 1973). 2d 711 (1977), an action brought under 42 U.S.C. 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. 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. Ass'n,362 F. Supp. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. 1977) (young children are especially susceptible to being traumatized by strip searches). 1972); In re G. C., 121 N.J.Super. LEGION, United States District Court, E. D. After each alert, the student was asked to empty his or her pockets or purse. McKinnon, 88 Wash.2d at 81, 558 P.2d at 784; accord Bellnier v. Lund. Because of the Court's findings on the immunity of the defendant school officials, the issue of damages can be determined at this time. Subscribers are able to see the revised versions of legislation with amendments. You already receive all suggested Justia Opinion Summary Newsletters. Pendergast did not participate in the illegal search of plaintiff Doe, nor does any evidence show he conducted the search. Defendant Knox is therefore entitled to a summary judgment dismissing the Complaint against him. 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. Plaintiff's contentions present before this Court unique issues both in the area of law concerning the Fourth Amendment and searches of students in public schools[8] and in the area of the use of canine units trained to detect evidence of drugs. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. The plaintiffs have prayed for three forms of relief, seeking a declaratory judgment, damages, and an injunction. Testimony at trial indicated the students used several types of drugs including alcohol, marijuana, and PCP, an animal tranquilizer. 452 F.Supp. "The student's right to be free from unreasonable search and seizure must be balanced with the necessity for the school officials to be able to maintain order and discipline in their schools and to fulfill their duties under the in loco parentis doctrine to protect the health and welfare of their students." 2d 752 (1977). This lesser standard applies only when the purpose of the dog's use is to fulfill the school's duty to provide a safe, ordered and healthy educational environment. Perez v. Sugarman, 499 F.2d 761 (2d Cir. 4:1 . 591, 284 N.E.2d 108 (1972). No liability can be found for any of the actions of this defendant. Such a request is akin to a prayer for injunctive relief against a criminal act. As was appropriately noted by the New York Court of Appeals in a unanimous opinion. Free shipping for many products! 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. Little was asked to attend because she had had experience in the field of canine searches in schools.[4]. While it would seem self-evident that the actions of a teacher or school official employed by a public municipality board of education would constitute state action under Monroe v. Pape, supra, this has not been a universally held notion among the various federal courts.3 Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. 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. The students were there ordered to strip down to their undergarments, and their clothes were searched. . At issue in this law suit is the constitutional propriety of an investigation conducted by administrators of the Highland school system assisted by local police officers at the Junior and Senior High Schools in Highland, Indiana. For example, drugs, weapons, suicides, robberies, and assaults are now everyday occurrences in some educational facilities. Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. 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. Answers:SelectedAnswer: b. Morse v. Frederick a. Moreover, the procedure of bringing the trained dogs into each classroom was planned so as to cause only a few minutes interruption. 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. No student was treated with any malice nor was the operation planned in a way so as to embarrass any particular student. 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. One of the two girls was the respondent T. L. O., who at that time was a 14-year-old high school freshman. 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. 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. 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. ", 97 S. Ct. 2486. 1975), cert. 75-CV-237. 1975). 777] the court ruled a strip search of a student to be unconstitutional. 410 (1976). 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. 2d 617 (1977). Wood v. Strickland, supra at 321, 95 S. Ct. 992. 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. 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. One year later, the Ninth Circuit Court of Appeals also held that the use of marijuana-sniffing dogs to sniff the air around a parked semi-trailer was reasonable and therefore not a prohibited search under the Fourth Amendment. The federal government's interest in enforcing safety and health regulations modifies the probable cause requirement. In Moore v. Student Affairs Committee of Troy State University,284 F. Supp. Sign up for our free summaries and get the latest delivered directly to you. 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. Four such teams were used in the Senior High School building and two were operating in the Junior High School rooms. Subsequent to oral argument and upon the granting of a motion to dismiss certain party *1015 plaintiffs, made by plaintiffs' counsel, only Diane Doe and her parents as next friends remain as plaintiffs in this action. omitted) ("[n]o one would seriously dispute that a nude search of a child is traumatic"); Bellnier v. Lund, 438 F. Supp. Use applicable law to enhance school safety and fulfill the duty to protect Slideshow 4416335 by ramiro 1986); Flores v. Meese, 681 F. Supp. Meese, 681 F.Supp. It was only upon a continued alert of the trained canine that the school officials based their decision to search the plaintiff. A reasonable right to inspection is necessary to the school's performance of its duty to provide an educational environment. The Supreme Court established in New Jersey v. T.L.O. Request a trial to view additional results. [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. Bellnier v. Lund, 438 F. Supp. 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. As a result of the investigation seventeen students were found in possession of drugs; twelve of those students withdrew voluntarily from school and three students were expelled pursuant to the due process statutes of the State of Indiana. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. 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. Ms. Little with her vast experience in the training of dogs was another resource. 1331, 1343(3) and 1343(4). 47 (N.D.N.Y. 1970); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. 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. 1975), cert. Patricia Little herself did not participate in any capacity other than as a volunteer dog trainer. 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. Subscribers are able to see a list of all the cited cases and legislation of a document. Respect for individual dignity of the student was carefully maintained. Custodians were present near all locked doors to provide immediate exit if necessary. We rely on donations for our financial security. 1977), a U.S. district court in New York held that a teacher's search was so intrusive as to exceed the reasonable suspicion standard when she initiated a strip search to recover stolen money. 47 Julie BELLNIER, a minor by her father and next friend, Francis Bellnier, David J. Leonti, a minor by his father and next friend, Victor A. Leonti, Sr., Plaintiffs, v. 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. 2d 214 (1975), reh. This Court now rules on all three forms of relief, declaratory judgment, injunction, and damages. Subscribers are able to see a visualisation of a case and its relationships to other cases. 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. v.
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. Transformed by Public.Resource.Org, Inc., at Fri, 14 Mar 2008 10:13:27 GMT 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. Border searches are subject to a modified probable cause requirement and are excepted from the warrant requirement. 2d 433 (1979). Pregnancy, Parenthood & Marriage 53 VII. Maintaining an educationally productive atmosphere within the school rests upon the school administrator certain heavy responsibilities. The cases of Picha v. Wielgos,410 F. Supp. Sign up for our free summaries and get the latest delivered directly to you. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. But the alert of the dog constituted reasonable cause to believe that the plaintiff was concealing narcotics. 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. Movement from class to class entails intrusions upon the students' freedoms. 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. 3d 1193, 90 Cal. App. 1977). 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. However, in view of the relatively slight danger of the conduct involved (as opposed to drug possession, for example), the extent of the search, and the age of the students involved, this Court cannot in good conscience say that the search undertaken was reasonable. The outer garments hanging in the coatroom were searched initially. The boundaries of that immunity were defined in Wood as containing both objective and subjective elements. Rule 56. 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. 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. Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. 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. Gordon W. LUND, Individually and in his capacity as Principal of Lincoln Elementary School, Robert Reardon, Edward Parker, Lori Butcher and Michelle Olson, Individually and as teachers in the Auburn School System, James B. Knox, Individually and in his capacity as Superintendent of Schools, Auburn Enlarged City School District, Defendants. 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. 276 The Clearing House May/June 1995 ing. This case is therefore an appropriate one for a summary judgment. 856, 862, 6 L.Ed.2d 45 (1961). 47 (N.D.N.Y.1977). Presentation Goals. Bellnierv. 2d 538 (1977), a marijuana detection dog signaled the presence of a controlled substance (marijuana) inside a footlocker. 47 - BELLNIER v. LUND, United States District Court, N. D. New York. 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 is also a basic burden to demonstrate that the plaintiff will be an adequate representative of the other members of a class. There can be no doubt that, as the plaintiffs state, the notion that an infant student sheds all of his constitutional rights when he enters the school house door is steadily being dispelled by the courts. 1977); U. S. v. Bronstein, 521 F.2d 459 (2d Cir. 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. 2d 509, 75 Cal. 47 (N.D.N.Y. v. Acton 49 Trinidad Sch. 288 (S.D.Ill.1977); Bellnier v. Lund,438 F. Supp. See Johnson v. U. S.,333 U.S. 10, 68 S. Ct. 367, 92 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. A search of those items failed to reveal the missing money. Also requested by plaintiff is a class certification of all persons who were enrolled at Highland High School and Highland Junior High School who were subject to the complained of activities or those who would be enrolled hereafter as such students in those institutions. Furthermore, the presence of the uniformed police officer in the room, at the request of the school official and with the agreement that no arrests would occur as a result of finding any drugs upon students, did not alter the basic function of the school official's activities. 2d 453 (1977). 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. 1974). Dogs have long been used in police work. 1974). If the search had been conducted for the purpose of discovering evidence to be used in a criminal prosecution, the school may well have had to satisfy a standard of probable cause rather than reasonable cause to believe. Resolution of this question, however, is not necessary for purposes of this motion. Subscribers are able to see a list of all the documents that have cited the case. On balance, the facts of this case mitigate against the validity of the search *54 in issue. Jersey v. TLO (1985). These school officials can secure proper aids to supplement and assist basic human senses. You already receive all suggested Justia Opinion Summary Newsletters. 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. One case may point the direction. Gordon J. v. Santa Ana Unified Scool. Upon request of the Highland School officials, Little agreed to provide the necessary trained dog units for the March inspection. *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. 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. 2d 141 (1974); U. S. v. Falley, 489 F.2d 33 (2d Cir. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. 20-8.1-5-5 et seq. 1983 if the search is found to have violated the plaintiffs' Fourth Amendment rights. The inspection occurred in both the Junior and Senior High School campuses and began during the first period class. 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. den., 421 U.S. 921, 95 S. Ct. 1589, 43 L. Ed. 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. 1985. 780 (D.S.Dak.S.D.1973). The facts indicate that a girl and her companion were discovered smoking in the school lavatory in violation of school rules. A light relaxed atmosphere was created. 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. This document shall constitute the Court's findings and conclusions of law as required by F.R.C.P. 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 other words, an invasion of that sphere of privacy is a search under the terms of the Fourth Amendment. Subscribers are able to see any amendments made to the case. Plaintiff's assertion misreads the present state of the law concerning the use of drug detecting canines. 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