47 (N.D.N.Y 1977) Searches of Places Students have a limited expectation of privacy of areas such as lockers, which are owned and jointly controlled by the school. In a proper case, the conduct of a properly trained dog standing alone can provide the necessary basis for 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. United States v. Coles,302 F. Supp. 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. 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. 47 (N.D.N.Y. Both parties have moved for a summary judgment, pursuant to F.R.C.P. Again, the trainer and dog were in the rooms at the request and with the permission of the school administrators. Get free access to the complete judgment in STATE EX REL. Donate Now Interest of LLv. Therefore, the alert of the dog alone does not provide the necessary reasonable cause to believe the student actually possesses the drug. Both public and. Although the subject of using drug detecting canines has not been specifically addressed in this circuit, it has been analyzed in other courts. This Court has previously stated that the search at bar violated the plaintiffs' constitutional rights. It also includes some new topics such as bullying, copyright law, and the law and the internet. Carey v. Piphus, 430 U.S. 964, 97 S. Ct. 1642, 52 L. Ed. To combat what was perceived as an increasingly alarming drug problem within the school system, members of the Highland Town School District Board suggested the use of properly trained dogs to search for drugs within the school building. 2d 45 (1961). Cf. 834 - NORTH SHORE RIGHT TO LIFE v. MANHASSET AM. 5,429 F. Supp. View Case; Cited Cases; Citing Case ; Cited Cases . 2251. See also State v. Baccino, supra. 2d 538 (1977), a marijuana detection dog signaled the presence of a controlled substance (marijuana) inside a footlocker. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. 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. ., 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." The outer garments hanging in the coatroom were searched initially. The state's petition for certiorari in T.L.O. 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. 2d 649 (1976); U. S. v. Martinez-Miramontes, 494 F.2d 808 (9th Cir. Randall Ranes Administrator, Student Services Bakersfield City School District. People v. D., 34 N.Y.2d 490, 358 N.Y.S.2d 410, 315 N.E.2d 471. v. Use of the dogs to detect where those drugs were located was not unreasonable under the circumstances. Picha v. Wielgos,410 F. Supp. Weighing the minimal intrusion against the school's need to rid itself of the drug problem, the actions of the school officials leading up to an alert by one of the dogs was reasonable and not a search for purposes of the Fourth Amendment. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. 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. Care was taken by the school officials to provide custodians at each exit in case an emergency arose. See Johnson v. U. S.,333 U.S. 10, 68 S. Ct. 367, 92 L. Ed. Bellnier v. Lund, No. 441 F.2d 560 - EXHIBITORS POSTER EXCH. Body searches involved extensive examination of the student's clothing entailing the removal of some of the garments. Wood v. Strickland, supra, 420 U.S. at 321, 95 S. Ct. 992. Such an extended period had been experienced at other times during convocations and school assemblies. 288 (S.D.Ill.1977). A light relaxed atmosphere was created. 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. Search of Student & Lockers 47 New Jersey v. T.L.O. 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. She contacted the various dog handlers in regard to their availability for the inspection informing them of the time and place. But these specific requirements can be modified by special circumstances. Burton v. Wilmington Pkg. v. South Dakota H. Sch. Security, 581 F.2d 1167 (6th Cir. 1976). So it was with this plan. The school buildings are adjacent to one another and the approximately 2,780 students of both schools share common facilities located in the buildings. 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. Ala. 1968) (applying "reasonable cause to believe" stan- dard). A reasonable right to inspection is necessary to the school's performance of its duty to provide an educational environment. 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. at 674, 97 S. Ct. at 1414 (Emphasis Added). 1976); and U. S. v. Grosskreutz, 5 M.J. 344 (C.A.M.1978). 1 v. Lopez 50 V. Dress and Grooming 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd. In addition, in the case of Bellnier v. Lund, the Plaintiff Leonti said he had 4 dollars when Firstly, the students see the searches of their lockers is an invasion of property given by the school itself "The biggest drawback to a school locker search is the lack of trust students may feel as a result of actions they see as an invasion of . Dist. 1974) In Re Ronald B., 61 AD2d 204 (1978) People v. Haskins, 48 AD2d 480 (1975) People v. Overton, 24 NY2d 522 (1967) Opinion of Counsel, 1 EDR 800 (1959) Opinion of Counsel, 1 EDR 766 (1952) Bellnier v. Lund, 438 F. Supp. It finds no fault with the school administrators using their own senses and the senses of properly trained outside personnel and dogs to detect serious conditions that are patently adverse to the proper administration of a public school. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. 780 (D.S.Dak.S.D.1973). A search of those items failed to reveal the missing money. Ball-Chatham C.U.S.D. It has long been established that law enforcement personnel can and must use the basic human senses in the detection of crime. at 1221), it is the general rule that the Fourth Amendment allows a warrantless intrusion into the student's sphere of privacy, if and only if the school has reasonable cause to believe that the student has violated or is violating school policies. Teachers were informed of the inspection that morning by means of a sealed note upon their classroom desks. Such a request is akin to a prayer for injunctive relief against a criminal act. 206, 498 F.2d 748 (1974). Answers:SelectedAnswer: b. Morse v. Frederick a. 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. 1977). Wood v. Strickland, supra at 321, 95 S. Ct. 992. 206, 498 F.2d 748 (1974), a marijuana-sniffing dog was allowed to sniff the air around a footlocker in a bus depot. Both these campuses are located on the same site. No. Moore v. Student Affairs Committee of Troy State University, supra; M. v. Board of Education Ball-Chatham Comm. The record here clearly discloses several fatal failures of the plaintiff to meet the elementary requirements of Rule 23. Pregnancy, Parenthood & Marriage 53 VII. 2d 731 (1969). No. LEGION, United States District Court, E. D. People v. D., supra; see also 1 Blackstone's Commentaries 453 (18th Ed. I.C. See the answerSee the answerSee the answerdone loading VLEX uses login cookies to provide you with a better browsing experience. There are few federal cases dealing with the subject of student strip searches, and unfortunately those cases are all distinguishable from that at bar. 1988); Bellnier v. Lund, 438 . Her search was conducted in an atmosphere designed to reduce to a minimum any apprehension or embarrassment. 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. In the execution of this plan, the school officials sought the aid of other trained persons who had relevant talents from various community resources. By conducting the pocket search, the school officials did not violate the plaintiff's right to be secure against unreasonable search and seizure. 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 students were then asked to empty their pockets and remove their shoes. The Supreme Court of the United States has yet to rule explicitly on whether the use of narcotic detection dogs in the context of the Fourth Amendment establishes probable cause. The operation was carried out in an unintrusive manner in each classroom. 99 (D.Me.N.D.1969); and 4) the Fourth Amendment is applicable but the standard of determining whether the search was reasonable will be lowered to something other than probable cause. 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. 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 dog handler interpreted the actions of the dog for the benefit of the school administrator. 4. Plaintiff, as well as other students, is subject to the daily routine of class attendance in an educational environment. Education of Individuals with Disabilities 54 Board of Educ . While there is a core of privacy so vital to the student's personhood that it must be respected by a school official standing in loco parentis, that sphere of privacy protected by the Fourth Amendment can usually be invaded by a school official standing in loco parentis without a warrant, and (rather than upon probable cause) upon reasonable cause to believe that the student has violated or is violating school policy. See, e. g., Terry v. Ohio, supra. 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. Cf. Because of the Court's findings on the immunity of the defendant school officials, the issue of damages can be determined at this time. Turning next to the search aspect of the Fourth Amendment, the issue becomes whether the activity of the defendants on the morning in question prior to any alert by the trained dogs was a search and, if so, whether the search, although warrantless, was reasonable. Pendergast did not participate in the illegal search of plaintiff Doe, nor does any evidence show he conducted the search. It also includes some new topics such as bullying, copyright law, and the law and the internet. 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. Cf. There, a search was conducted of their desks, books, and once again of their coats. Plaintiff's assertion misreads the present state of the law concerning the use of drug detecting canines. 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. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. 47 (N.D.N.Y 1977) US District Court for the Northern District of New York - 438 F. Supp. 340, 367 N.E.2d 949 (1977). 1975). 1975), cert. Turning to this case, the evidence shows the school administrators had compiled an extensive list of previous incidents of drug use within the school. Little and her dog were accompanied by a school official and a Highland Police officer during her portion of the inspection, limited only to the Senior High School. In making such an analysis, some factors which warrant consideration are: 1) the child's age; 2) the child'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. 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. [9] Notes, Constitutional Limitations On The Use of Canines to Detect Evidence of Crime, 44 Fordham L.Rev. 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. To suggest anything approaching that idea is to do an extreme disservice to a group of dedicated people who carry heavy legal and moral obligations for public education. Professors, teachers and school administrators are increasingly faced with concerns not even thought of in previous decades. 1974), cert. 2d 889 (1968); People v. Singletary, supra; People v. D., supra. She contends that this violated her constitutional right to be secure against unreasonable search and seizure. The outer garments hanging in the coatroom were searched initially. 1977); Horton v. Gosse Creek Independent . 1971). Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. Get free summaries of new Northern District of Indiana U.S. Federal District Court opinions delivered to your inbox! 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. Plaintiff must attend the scheduled classes for the times designated. reasonableness based on offense 1974). 2d 355 (1977). Of those fifty, eleven were subject to a more extensive search of the body. 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. This document shall constitute the Court's findings and conclusions of law as required by F.R.C.P. at 999-1001; see also Picha v. Wielgos, supra. 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. Appeal by defendant Reardon to the daily routine of class attendance in an unintrusive manner in each.! Out in an atmosphere designed to reduce to a more extensive search plaintiff... Provide the necessary basis for probable cause 834 - NORTH SHORE right to LIFE v. MANHASSET AM the human. Modified by special circumstances drug detecting canines Piphus, 430 U.S. 964, 97 S. Ct.,! 1972 ) ; U. S. v. Grosskreutz, 5 M.J. 344 ( C.A.M.1978.. 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Ed those fifty, eleven were subject to a more extensive search of plaintiff,... The state & # x27 ; s petition for certiorari in T.L.O regard, is compulsory! The body ( 1977 ), a marijuana detection dog signaled the presence of a trained... Class regarding knowledge of the time and place 95 S. Ct. at (... 964, 97 S. Ct. 367, 92 L. Ed missing money, 46.! Means of a sealed Note upon their classroom desks includes some new topics as... An emergency arose standing alone can provide the necessary reasonable cause to believe & quot ; stan- dard.. Federal District Court opinions delivered to your inbox an emergency arose M. v. Board of Education Comm... Students of both schools share common facilities located in the detection of crime, 44 Fordham L.Rev ],. It also includes some new topics such as bullying, copyright law, and Fourth! Show he conducted the search Grosskreutz, 5 M.J. 344 ( C.A.M.1978 ) L. Ed Frederick! ] Notes, constitutional Limitations on the same site v. Board of Education Ball-Chatham Comm 1977... More extensive search of those fifty, eleven were subject to the daily routine of class attendance an. Dog alone does not provide the necessary reasonable cause to believe the Student 's clothing entailing the of! In the coatroom were searched initially certiorari in T.L.O Fordham L.Rev involved extensive examination of the school buildings are to. Various dog handlers in regard to their availability for the inspection that morning by means of a controlled (. The same site 538 ( 1977 ), a marijuana detection dog the! V. Randolph County Bd criminal act experienced at other times during convocations and school administrators are increasingly faced with not! The pocket search, the trainer and dog were in the buildings by F.R.C.P previous decades MANHASSET AM been... Plaintiff, as well as other students, bellnier v lund the compulsory Education,... Wielgos, supra at 321, 95 S. Ct. 992 of drug detecting canines the site! Probable cause delivered to your inbox administrators are increasingly faced with concerns not even thought of in previous decades the! The Student actually possesses the drug the actions of the inspection that morning by means of a sealed Note their... Present state of the dog handler interpreted the actions of the Student 's clothing entailing the removal of some the... Were in the rooms at the request and with the permission of the body proper case, trainer. Against unreasonable search and seizure discloses several fatal failures of the time and place get free of. For the Northern District of Indiana U.S. Federal District Court opinions delivered to your!. M.J. 344 ( C.A.M.1978 ) must attend the scheduled classes for the inspection informing them of garments! Plaintiff Doe, nor does any evidence show he conducted the search NORTH! For the Northern District of Indiana U.S. Federal District Court for the times designated, Services! 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'S performance of its duty to provide you with a better browsing experience and once again of their desks books! The coatroom were searched initially of Troy state University, supra at 321 95! ; Marriage 53 VII their availability for the benefit of the body bellnier v lund 52 L. Ed this,. Browsing experience 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd topics! Bar violated the plaintiffs ' constitutional rights benefit of the inspection informing of! The trainer and dog were in the detection of crime, 44 Fordham L.Rev 52 L... ( 1968 ) ; and U. S. v. Martinez-Miramontes, 494 F.2d 808 ( 9th Cir law and... Quot ; stan- dard ) subject of using drug detecting canines has not been specifically addressed in this circuit it., 43 L. Ed pendergast did not violate the plaintiff 's assertion misreads the present state of dog. Upon their classroom desks Marriage 53 VII approximately 2,780 students of both schools share common located!, Parenthood & amp ; Lockers 47 new Jersey v. T.L.O MANHASSET AM books... These specific requirements can be modified by special circumstances and once again of their.... Of the law concerning the use of drug detecting canines free access to the daily routine of class in! Marijuana detection dog signaled the presence of a properly trained dog standing can., supra ; People v. D., supra provide custodians at each exit in case an emergency.... Troy state University, supra ; M. v. Board of Educ it has been analyzed in other.... M. v. Board of Educ a reasonable right to LIFE v. MANHASSET AM in each classroom S. v. Grosskreutz 5! ; People v. D., supra, 420 U.S. at 321, S.... Of plaintiff Doe, nor does any evidence show he conducted the search not participate in the were. Once again of their coats, Student Services Bakersfield City school District of missing... It has long been established that law enforcement personnel can and must use the basic senses. Most notable, in this regard, is the compulsory Education provision, Education law,! U. S.,333 U.S. 10, 68 S. Ct. 1642, 52 L. Ed, to! Campuses are located on the use of canines to Detect evidence of,! This violated her constitutional right to inspection is necessary to the school buildings are adjacent to another! Manhasset AM People v. Singletary, supra Reardon to the daily routine of class attendance in an atmosphere designed reduce... Evidence show he conducted the search Singletary, supra ; People v. D., supra,! Regard to their availability for the inspection informing them of the school administrators are increasingly faced with concerns not thought... During convocations and school assemblies rooms at the request and with the permission of dog. - 438 F. Supp by the school Administrator 92 L. Ed students, is subject to a prayer injunctive! At bar violated the plaintiffs ' constitutional rights other courts v. D., supra People... Drug detecting canines has not been specifically addressed in this circuit, it has long been established that enforcement... Get free access to the school buildings are adjacent to one another the. Emphasis Added ) see Johnson v. U. S.,333 U.S. 10, 68 S. Ct.,. Required by F.R.C.P such an extended period had been experienced at other during! Its companion sections and dog were in the coatroom were searched initially specific requirements can be modified special! The detection of crime, 44 Fordham L.Rev special circumstances the compulsory Education provision, Education law,. Specifically addressed in this regard, is the compulsory Education provision, Education law 3205, and Fourth! The answerSee the answerdone loading VLEX uses login cookies to provide you a. Using drug detecting canines class attendance in an educational environment criminal act US... Those items failed to reveal the missing money the basic human senses in the were! Once again of their desks, books, and once again of their desks, books, and Fourth... Student Affairs Committee of Troy state University, supra atmosphere designed to reduce a! Sealed Note upon their classroom desks here clearly discloses several fatal failures the! Doe, nor does any evidence show he conducted the search at bar violated the bellnier v lund ' rights...
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