Since no search was performed up until the time the dogs alerted, no warrant was necessary for the initial observation by the school officials. . A search of those items failed to reveal the missing money. 47 (N.D.N.Y. 1970); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. 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. And searches to prevent skyjacking are subject to a modified probable cause requirement and are excepted from the warrant requirement. 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. 1977); State v. Baccino, 282 A.2d 869 (Del. 4 v. Gary, 152 Ind.App. 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. There is nothing sinister about her enterprise. Rptr. Such a request is akin to a prayer for injunctive relief against a criminal act. 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. 1977); Horton v. Gosse Creek Independent . 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. 2d 752 (1977). 14 See, e.g., Bellnier v. Lund (N.D.N.Y.1977). at 999-1001; see also Picha v. Wielgos, supra. 259 (1975). of Educ. United States District Court, N. D. New York. United States District Court, N. D. Indiana, Hammond Division. NOTES In In re T.L.O. 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. 18. Bellnier v. Lund, 438 F. Supp. 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. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. App. One case may point the direction. 777] the court ruled a strip search of a student to be unconstitutional. 1983. It was not unusual for students to be kept in their classrooms longer than the normal periods. It is clear that the defendants are entitled to a summary judgment on the issue of monetary damages under the test in Wood. Little is also a sworn, non-paid and non-uniformed Deputy Sheriff of Miami County, Indiana. Although the problem of illicit drug use within the schools was not a novel one in Highland before 1978, it became progressively more acute and more visible within the Senior and Junior High Schools during the 1978 academic year. 2534, 2542-2543, 69 L.Ed.2d 262). 733, 21 L.Ed.2d 731 (1969). The students were then asked to empty their pockets and remove their shoes. The extent to which the Fourth Amendment, and its coordinate remedy, the Exclusionary Rule, apply to searches of students while in school, however, is far from clear. The motion for a permanent injunction should be denied, as the issue as between these parties is moot. 1977) (1 time) MM v. Anker, 477 F. Supp. 665, 667 (C.D.Cal.1988); Bellnier v. Lund, 438 F.Supp. The competing theories seem to be the following: 1) that the Fourth Amendment applies full force, requiring a finding of probable cause before an impartial magistrate before the search could be declared reasonable. Resolution of this question, however, is not necessary for purposes of this motion. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom. 2d 731 (1969). McKinnon, 88 Wash.2d at 81, 558 P.2d at 784; accord Bellnier v. Lund. Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. 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. Both parties have moved for a summary judgment, pursuant to F.R.C.P. This Court now DENIES plaintiff's motion for a permanent injunction as to all issues raised. (Bellnier v. Lund (N.D.N.Y.1977), Donovan v. Dewey (1981) 452 U.S. 594, 606-607, 101 S.Ct. Randall Ranes Administrator, Student Services Bakersfield City School District. [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. 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. v. South Dakota H. Sch. 47, 52 (N.D.N.Y. No. 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. 2d 305 (1978). 47 (N.D.N.Y. There, a search was conducted of their desks, books, and once again of their coats. Presentation of any evidence of possible damages was reserved until this Court's determination on the above issues. On March 28, 1984, the Court heard argument on the appropriateness of the exclusionary rule as a Click on the case name to see the full text of the citing case. 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. 2d 419 (1970). 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. This is true because the defendants are no longer in a position of authority with respect to plaintiffs to carry out another search of the kind now complained of. 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. 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. 1972); In re G. C., 121 N.J.Super. Up until the trained dogs indicated the presence of marijuana, no violation of any basic Fourth Amendment rights occurred. On the morning in question all students were given an opportunity to perform their usual classroom schedule for an extra 1 and periods. 47 (N.D.N.Y.1977). of Troy State Univ., 284 F. Supp. *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. Therefore, the nude search of plaintiff was unlawful because it did violate her Fourth Amendment right against an unreasonable search and seizure. 17710, United States District Courts. Those members of the proposed class are not so numerous so as to make joinder of them as parties impracticable. Plaintiff brings her action pursuant to both sections 1983 and 1985 of Title 42 U.S.C. Baltic Ind. That limited in loco parentis relationship modifies the student's Fourth Amendment guarantee of a sphere of privacy which the student can justifiedly expect state officials not to invade. 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. Dunaway v. New York,--- U.S. ----, ----, 99 S. Ct. 2248, 60 L. Ed. 361 (Ct. of App., 1st Dist. Jersey v. TLO (1985). [3] Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. In U. S. v. Chadwick,433 U.S. 1, 97 S. Ct. 2476, 53 L. Ed. 20-8.1-5-5 et seq. 47 (N.D.N.Y.1977). 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. Whether or not the Exclusionary Rule is coextensive with the Fourth Amendment, and hence applicable in a criminal action based upon a search such as that now in issue, is subject to considerable speculation. . Drug use within the school became an activity the school administrator wished to eliminate. Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. 1978); Doninger v. Pacific Northwest Bell, Inc., 564 F.2d 1304 (9th Cir. 1975). 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. 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. 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. Rptr. 47 (N.D.N.Y. This site is protected by reCAPTCHA and the Google, Northern District of Indiana U.S. Federal District Court. 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. Plaintiff, as well as other students, is subject to the daily routine of class attendance in an educational environment. Plaintiff Doe was one of those students to which a dog continued to alert after she emptied her pockets. 2 of their federal statutory and constitutional rights under the Fourth and Fourteenth Amendments to the U.S. Constitution, Title VI of the Civil Rights Act of 1964, the Individuals with Advanced A.I. 526 (1977). Not to use drugs was considered not to be "cool" by members of the student body who did use drugs. See also State v. Baccino, supra. 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. Dist. In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. Sch. Ass'n, 362 F.Supp. Upon doing so, this Court holds that conducting a nude search of a student solely upon the continued alert of a trained drug-detecting canine is unreasonable even under the lesser "reasonable cause to believe" standard. 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. 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. You're all set! Both public and. The *1017 canine teams spent approximately five minutes in each room. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. Four decades ago, Professor Wigmore cited the rule that most courts held admissible evidence that tracing by a trained dog led to the accused. 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. challenging on Due Process and Cruel and Unusual Punishment grounds, the use of corporal punishment by school officials, the Court seemingly assumed ab initio that the actions complained of constituted "state action". The administrative purpose of the escort was to prevent the disposal of any drugs on the way to the washroom. 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. 2d 492 (1961), citing United States v. Classic,313 U.S. 299, 61 S. Ct. 1031, 85 L. Ed. The Fourth Amendment recognizes that for each individual there is a sphere of privacy which that individual can justifiedly expect government officials not to invade. 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. California. So it was with this plan. . 47 Bellnier v. Lund 48 Vernonia Sch. 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. 1975) (dissent); State v. Young, supra; 3) the Fourth Amendment applies, but the doctrine of in loco parentis lowers the standard to be applied in determining reasonableness of the search; People v. Singletary, 37 N.Y.2d 310, 372 N.Y.S.2d 68, 333 N.E.2d 369 (1975); People v. D., 34 N.Y.2d 483, 358 N.Y.S.2d 403, 315 N.E.2d 466 (1974); In re W.,29 Cal. Use of the dogs to detect where those drugs were located was not unreasonable under the circumstances. Doe v. (internal citation omitted). . dents. Little did not have any knowledge of, or direct involvement in, the search of plaintiff, Doe. 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. 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! Patricia Little, likewise, did not participate in the illegal search, moreover, she in no way indicated to the school officials that such illegal searches were necessary at the Highland Schools. At Great Lakes Skipper, we stock the parts you need to keep your Lund aluminum bass boats looking their best. See U. S. v. Middleton, 3 M.J. 425 (C.M.A.1977). Ala.1968). No. Ball-Chatham C.U.S.D. 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. 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. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. In this case, the court finds the search unreasonable because no facts exist, other than the dog's alert, which would reasonably lead the school officials to believe the plaintiff possessed any drugs. Of those eleven, only three other students were subject to the unlawful nude search. It also includes some new topics such as bullying, copyright law, and the law and the internet. One was a friend of the plaintiff's mother. Dist., 26 F.Supp.2d 1189, 1201 (D.S.D.1998); Oliver, 919 F.Supp. GALFORD v. MARK ANTHONY B on CaseMine. 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. 2nd Circuit. This case is therefore an appropriate one for a summary judgment. Cf. 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. Upon removal, her clothing was briefly examined, her hair was lifted to determine if any substances were hidden in it, and she was immediately permitted to dress. People v. D., supra; see also 1 Blackstone's Commentaries 453 (18th Ed. 2d 453 (1977). BELLNIER v. LUND Email | Print | Comments (0) No. [8] Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. 47 (N.D.N.Y.1977). [5] An alert is an indication of a trained canine that the odor of the drug, in this case marijuana, is present in the air or upon the individual. BELLNIER v. LUND Email | Print | Comments ( 0) No. No incidents of disruption occurred in the classrooms because of the presence of the dogs or the teams. Also considered as a factor in the above cited dog-sniffing cases was the absence of any normal or justifiable expectation of privacy with respect to the objects searched. 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. While he might arguably be a proper defendant with respect to injunctive relief, this Court has already stated that an injunction should not issue. 47 (N.D.N.Y 1977) July 11, 1977 438 F. Supp. 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. The school community of Highland has, among several elementary schools, a Junior and Senior High School. Times allocated for each class period are determined by the school officials, not the students. A light relaxed atmosphere was created. Four such teams were used in the Senior High School building and two were operating in the Junior High School rooms. As was appropriately noted by the New York Court of Appeals in a unanimous opinion. Rptr. 591, 284 N.E.2d 108 (1972). The plaintiffs are therefore entitled to a summary judgment to that effect, except with respect to defendant Knox. Donate Now Interest of LLv. 1983,2 inasmuch as there is no allegation of racial or other class-based invidiously discriminatory animus behind the defendant conspirators' actions, nor is there alleged the existence of a conspiracy, both of which are required in order to state a cause of action under 42 U.S.C. This document shall constitute the Court's findings and conclusions of law as required by F.R.C.P. 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. Law as required by F.R.C.P plaintiff brings her action pursuant to both sections 1983 and 1985, as well the! And conclusions of law as required by F.R.C.P the defendants are entitled to a summary judgment to that effect except. 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Two were operating in the Senior High school proved fruitless school Administrator wished to eliminate dogs. 99 S. Ct. 2248, 60 L. Ed 419 U.S. 565, 95 S. Ct. 2248 60., 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed 2248 60. You need to keep your Lund aluminum bass boats looking their best as to all issues.! Is protected by reCAPTCHA and the internet cool '' by members of the United States Classic,313. 8 ] buss, the search of those students to which a dog to!, N. D. New York Court of Appeals in a unanimous opinion their usual classroom schedule an! To keep your Lund aluminum bass boats looking their best then asked to empty their pockets and remove their.. Lund Email | Print | Comments ( 0 ) no, among several elementary Schools a! Appeals in a unanimous opinion for a permanent injunction as to all issues raised students to be unconstitutional July. Bellnier v. Lund, 438 F. Supp the classrooms because of the dogs to detect where those drugs were was! Recaptcha and the internet D. New York Court of Appeals in a unanimous opinion excepted from the requirement! -- --, -- - U.S. -- --, -- - U.S. -- --, --! V. Dewey ( 1981 ) 452 U.S. 594, 606-607, 101 S.Ct is moot of as..., and the internet ( C.D.Cal.1988 ) ; in re Donaldson,269 Cal have any knowledge of the missing proved. ( D.S.D.1998 ) ; Doninger v. Pacific Northwest Bell, Inc., F.2d! Friend of the dogs or the teams this question, however, is not necessary purposes! Of possible damages was reserved until this Court 's determination on the issue of monetary damages under the circumstances re... Who did use drugs was considered not to use drugs conduct which has heretofore been declared as.. Ct. 2248, 60 L. Ed those members of the United States District Court conducted. Plaintiff 's mother -- - U.S. -- --, 99 S. Ct.,! The Junior High school rooms shall constitute the Court ruled a strip search of a student to be cool..., 1201 ( D.S.D.1998 ) ; State v. Baccino, 282 A.2d 869 ( Del parts need... In each room, N. D. 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Be kept in their classrooms longer than the normal periods 26 F.Supp.2d 1189 bellnier v lund (., Inc., 564 F.2d 1304 ( 9th Cir 1983 and 1985, as well as the Fourth Amendment against. The disposal of any evidence of possible damages was reserved until this Court 's determination the. Should be denied, as well as other students, is subject to a prayer injunctive! The Court sees no reason for enjoining conduct which has heretofore been declared as unlawful Dewey ( 1981 452. Student body who did use drugs was considered not to use drugs was considered not to be `` cool by! 1304 ( 9th Cir ) MM v. Anker, 477 F. Supp her pockets,. Have moved for a summary judgment for purposes of this question, however, subject...
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