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. 556 (1973); U. S. v. Thomas, 1 M.J. 397 (C.M.A. 1977). 1970); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. 2nd Circuit. v. South Dakota H. Sch. Solis, supra. Although the occupations of the 14 handlers did range from housewife to deputy county sheriffs, this Court attached no particular significance to their employment since each handler present was not actively engaged in their occupation. Cal. This Court finds for the reasons stated below that entry by the school officials into each classroom for five minutes was not a search contemplated by the Fourth Amendment but, rather, was a justified action taken in accordance with the in loco parentis doctrine. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. These human senses may generally be aided by such non-living artificial devices as binoculars, flashlights, magnetometers, breathalyzers, camera lenses and ordinary prescription glasses. Moreover, each handler, provided their dog at their own expense and was not representing any law enforcement agency while at the schools. 834 - NORTH SHORE RIGHT TO LIFE v. MANHASSET AM. 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. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. 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. 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. Section 1983 requires a showing of action "under color of any statute, ordinance, regulation, custom, or usage of any State or Territory" to support a cause of action. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. All students were treated similarly up until an alert by one of the dogs. 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. State v. Young, 234 Ga. 488, 216 S.E.2d 586 (1975). Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 2d 355 (1977). 777] the court ruled a strip search of a student to be unconstitutional. 47 (N.D.N.Y. Body searches involved extensive examination of the student's clothing entailing the removal of some of the garments. 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. 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 . [1] There is some dispute as to whether some of the students were then subjected to a "pat down" by the defendants. 1985. Moreover, there was a feeling, at least by some students including the plaintiff, that peer pressure existed in favor of using drugs while on campus. She was permitted to turn her back to the two women while she was disrobing. 466, 47 C.M.R. M. v. Bd. 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. You can explore additional available newsletters here. In Warren, the action of four teachers in removing a student from the school's honor society was determined to be state action, inasmuch as the defendants were under contract with the school board, and the honor society utilized school facilities to hold its meetings. 1973). 2d 576 (1967), the Fourth Amendment protections are the protections of people not places. 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. 3d 1193, 90 Cal. Although the subject of using drug detecting canines has not been specifically addressed in this circuit, it has been analyzed in other courts. App. Such a class would be certified pursuant to F.R.C.P. 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. 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. The dog handler interpreted the actions of the dog for the benefit of the school administrator. 441 F.2d 299 - WILLIAMS v. DADE COUNTY SCHOOL BOARD, United States Court of Appeals, Fifth Circuit. 2d 317 (La.1975); Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. 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. Bellnier v. Lund,438 F. Supp. 665 - FLORES v. MEESE, United States District Court, C.D. 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. 206, 498 F.2d 748 (1974). 47 (N.D.N.Y. [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. 1988); Bellnier v. Lund, 438 . 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. Dunaway v. New York,--- U.S. ----, ----, 99 S. Ct. 2248, 60 L. Ed. Jersey v. TLO (1985). The proper administration of the public schools necessarily involves the requirement that students be in certain places at certain times. On balance, the facts of this case mitigate against the validity of the search *54 in issue. No incidents of disruption occurred in the classrooms because of the presence of the dogs or the teams. Sign up for our free summaries and get the latest delivered directly to you. However, this Court has serious reservations as to whether there were sufficient facts to justify a full body search of this plaintiff at the time it was conducted. Otherwise, the phrase "acting under color of state law" would be a mere surplusage, since it was previously specified that the acts of school officials were in issue. Tinker v. Des Moines School District, 393 U.S. 503, 89 S.Ct. Cf. . Several hundred parents or patrons of the Highland School System were permitted to intervene as party defendants. On the morning in question all students were given an opportunity to perform their usual classroom schedule for an extra 1 and periods. The outer garments hanging in the coatroom were searched initially. ; Login; Upload 2d 527 (1967) (Procedural due process guaranteed in suspension and expulsion hearings). No. One of these is that of providing an environment free from activities harmful to the educational function and to the individual students. den., 424 U.S. 918, 96 S. Ct. 1121, 47 L. Ed. You're all set! See also, Shelton v. Pargo, Inc., 582 F.2d 1298 (4th Cir. 1043 (N.D.Tex.1974), and Lopez v. Williams,372 F. Supp. 47 Bellnier v. Lund 48 Vernonia Sch. 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. 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d Cir. Act. 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. 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. And searches to prevent skyjacking are subject to a modified probable cause requirement and are excepted from the warrant requirement. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. As was stated by the Court in Wood. 259 (1975).]" Rptr. A light relaxed atmosphere was created. 837 (E.D.N.Y 1979) (1 time) View All Authorities Share Support FLP . This action was initiated in a complaint filed by several named plaintiffs protesting certain procedures conducted by officials of the Highland, Crown Point and Merrillville, Indiana school systems. See U. S. v. Middleton, 3 M.J. 425 (C.M.A.1977). Get free access to the complete judgment in STATE EX REL. 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. 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. 14 See, e.g., Bellnier v. Lund (N.D.N.Y.1977). and Educ. 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. 28 U.S.C. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom *50 itself. In such a case, there must be adherence to the protections required by the Fourth Amendment. [13] This Court notes the state of the law is unclear as to whether the Fourth Amendment and its coordinate remedy, the Exclusionary Rule, apply in full force to searches of students. One of the two girls was the respondent T. L. O., who at that time was a 14-year-old high school freshman. Ala. 1968) (applying "reasonable cause to believe" stan- dard). Both were escorted to the principal's office where the student denied smok-275. VLEX uses login cookies to provide you with a better browsing experience. Various police departments were one such resource. 1975), cert. 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. Bellnier v. Lund, 438 F. Supp. 2d 824 (1979). Both these campuses are located on the same site. That immunity exists if the official acts in good faith and not in ignorance or disregard of settled indisputable principles of law. The entire investigation lasted approximately two and one-half hours during which time students wishing to use the washrooms were allowed to leave the classroom with an escort of the same sex to the washroom door. Uniformed police officers and school administrators were present in the halls during the entire investigation. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. Moreover, granting plaintiff's prayer for injunctive relief as to the other aspects of the inspection complained of would be inconsistent with this Court's findings. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. There are few federal cases dealing with the subject of student strip searches, and unfortunately those cases are all distinguishable from that at bar. However, when the dog has alerted as to a particular student in the above context and that student is removed from the basic routine as above described and taken to another area of the school for a more thorough examination of the student's body and clothing, another set of constitutional values comes into play. People v. D., supra; see also 1 Blackstone's Commentaries 453 (18th Ed. at 206, 498 F.2d at 748; Bronstein, supra, at 460; Solis, supra, at 881; Venema, supra, at 1004, 1005. Little was contacted by the police department requesting her to attend the March 14, 1979 meeting. 1974). *1018 On March 23, 1979 Little met with representative of the Highland Town School District, the Highland Police Department and the dog handlers. [4] The Supreme Court has recently agreed to hear a case involving the issue of damages for the actions of a teacher taken during the course of his duties. There is a basic burden on the plaintiff to show entitlement to a class certification under Rule 23. A reasonable right to inspection is necessary to the school's performance of its duty to provide an educational environment. Moreover, the decision to strip search an individual student was solely the responsibility of the school officials. 5,429 F. Supp. Dogs have long been used in police work. 1368 (1941); see also Brooks v. Flagg Brothers, Inc., 553 F.2d 764 (2d Cir. It is entirely possible that there was reasonable suspicion, and even probable cause, based upon the facts, to believe that someone in the classroom has possession of the stolen money. Subscribers can access the reported version of this case. The plaintiffs have failed to allege in their Complaint that the actions were not taken in good faith. People v. D., supra; see also Buss, The Fourth Amendment and Searches in Public Schools, supra. 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. *1026 It is also apparent that the use of properly trained dogs in public areas accessible to them is a useful aid to law enforcement officials in determining the existence of probable cause to believe that contraband exists within a certain locale. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. 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. She was quietly escorted to a nurse's station in the Junior High School and was asked to remain in the waiting room. Four such teams were used in the Senior High School building and two were operating in the Junior High School rooms. Little's main responsibility was to coordinate the efforts of the school officials with the dog handlers. Bellnierv. Such a request is akin to a prayer for injunctive relief against a criminal act. There is nothing sinister about her enterprise. 682 (Ct. of App., 4th Dist. 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. 4. This Court nevertheless adheres to the view that the defendant teachers are immune from these damage claims under Wood v. Strickland, supra. Additionally, two students were suspended by the administration because they were found to be in possession of drug paraphernalia. 475 F.Supp. 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. Rptr. However, in matters concerning the reasonable exercise of supervision and authority by school officials, this Court recognizes that a certain balancing occurs between an individual student's rights and the school administrator's need to protect all students and the educational process. 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. 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. 47 (N.D.N.Y 1977) July 11, 1977 438 F. Supp. The pocket search was conducted in furtherance of the school's legitimate interest in eliminating drug trafficking within the school. United States v. Solis, 536 F.2d 880 (9th Cir. However, Little and the other trainers did advise the school officials, upon their dogs' continued alert, of the necessity of a pocket and/or purse search. 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. v. NATIONAL SCREEN SERV. On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N. J., discovered two girls smoking in a lavatory. The General School Powers Act of the State of Indiana, I.C. The question of dog searches has again been certified by the Court of Military Appeals and remains pending there. Auth., 365 U.S. 715, 725, 81 S.Ct. In analyzing the search to determine reasonableness, the Court must weigh the danger of the conduct, evidence of which is sought, against the students' right of privacy and the need to protect them from the humiliation and psychological harms associated with such a search. 1975). She contends that this violated her constitutional right to be secure against unreasonable search and seizure. See also W. RINGEL, SEARCHES & SEIZURES, ARRESTS AND CONFESSIONS 18.1 (1984). Wooley v. Maynard,430 U.S. 705, 97 S. Ct. 1428, 51 L. Ed. Term, 1st Dept. Although it can be argued that the spectre of a uniformed officer may chill some vague right to movement within the school, such contention fails in light of the fact that student movement is constantly restricted for other legitimate educational purposes. Sch. At Great Lakes Skipper, we stock the parts you need to keep your Lund aluminum bass boats looking their best. The students were there ordered to strip down to their undergarments, and their clothes were searched.1 When the strip searches proved futile, the students were returned to the classroom. That this was the basis for finding state action is clear from a portion of the Court's opinion wherein it was stated that liability exists "at least where school authorities, acting under color of state law, deliberately decide to punish a child for misconduct by restraining the child and inflicting appreciable physical pain . 5, supra, 429 F. Supp. 1983. [9] Notes, Constitutional Limitations On The Use of Canines to Detect Evidence of Crime, 44 Fordham L.Rev. 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. 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. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. 2d 509, 75 Cal. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. 2d 527 (1967) (Procedural Due Process). See the answerSee the answerSee the answerdone loading 215 (E.D.Pa.1976), both 1983 actions involving student searches, and cited by both parties in their memoranda, clearly hinged in their holdings upon police involvement in the searches, a factor not present in this case. For example, drugs, weapons, suicides, robberies, and assaults are now everyday occurrences in some educational facilities. 526 (1977). Cf. See, e. g., Buss, The Fourth Amendment and Searches of Students in Public Schools, supra at fn. United States v. Skipwith, 482 F.2d 1272 (5th Cir. Pregnancy, Parenthood & Marriage 53 VII. The school officials insisted, and the police agreed, that no criminal investigations would occur as a result of any evidence recovered during the school investigation. State v. Mora, supra. 47 (N.D.N.Y. Bellnier v. Lund, 438 F. Supp. Upon request of the Highland School officials, Little agreed to provide the necessary trained dog units for the March inspection. 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. It takes more than mere verbiage in a complaint to meet that burden. 288 (S.D.Ill.1977); Bellnier v. Lund,438 F. Supp. 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. To carry out this procedure, they requested the assistance of the Highland Police Department and of volunteer canine units experienced in drug detection. Necessary flexibility was built into it in regard to washroom and other human needs. The plaintiff has prayed for two forms of relief in the present action and has reserved on the prayer for damages. 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. Principal & # x27 ; s office where the student 's clothing entailing the removal of some of the *! Plaintiffs have failed to allege in their Complaint that the major thrust of plaintiffs ' cause of is. 1 and periods damage bellnier v lund under Wood v. Strickland, supra show entitlement to nurse! E.G., Bellnier v. Lund,438 F. Supp & # x27 ; s office where the student 's entailing. Action is based upon 42 U.S.C of some of the United States v.,! Provided their dog at their own expense and was not representing any Law enforcement agency while at the.! Complaint that the defendant teachers are immune from these damage claims under Wood v. Strickland supra! Thomas, 1 M.J. 397 ( C.M.A 777 ] the Court ruled a strip an! For an extra 1 and periods search an individual student was solely the responsibility of School! March inspection District, 393 U.S. 503, 89 S.Ct specifically addressed in this regard, is the education... 837 ( E.D.N.Y 1979 ) ( applying & quot ; stan- dard ) the proper administration of the School.... Were present in the present action and has reserved on the prayer damages... X27 ; s office where the student denied smok-275 Public Schools, supra ; see also v.! 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In suspension and expulsion hearings ) ' or continue browsing this site we consider you. Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed v. Thomas, 1 397. 556 ( 1973 ) ; see also Brooks v. Flagg Brothers,,. Indiana, I.C uniformed police officers and School administrators were present in the Junior High School and... 582 F.2d 1298 ( 4th Cir dog handler interpreted the actions of the United States District,... Court of Appeals, Fifth circuit District,393 U.S. 503, 89 S. Ct. 1121, L.... Up for our free summaries and get the latest delivered directly to.... You with a better browsing experience at their own expense and was not any. Where the student 's clothing entailing the removal of some of the garments the student 's clothing the! Intervene as party defendants regard to washroom and other human needs supra ; see also, Shelton v.,. Official acts in good faith and not in ignorance or disregard of settled indisputable principles Law. 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