[4] Renfrow requested information from the Highland Police Department concerning the use of trained canine units for the planned investigation. of Troy State Univ., 284 F. Supp. 2d 538 (1977), a marijuana detection dog signaled the presence of a controlled substance (marijuana) inside a footlocker. Plaintiff brings her action pursuant to both sections 1983 and 1985 of Title 42 U.S.C. . Bellnier v. Lund, 438 F. Supp. 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. A review of the pleadings, as supplemented by the affidavits of defendants Lund, Reardon, Parker, Butcher, and Knox, reveals that, with one minor exception which will not affect the outcome of the pending motion, there are no material issues of fact to be determined with respect to the question of defendants' liability. It was only upon a continued alert of the trained canine that the school officials based their decision to search the plaintiff. 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. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. Cf. 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 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. 777] the court ruled a strip search of a student to be unconstitutional. The proper administration of the public schools necessarily involves the requirement that students be in certain places at certain times. 2201. To be sure such conduct of a dog must be interpreted by a knowledgeable person. Throughout the year, and especially during this four week period, school officials, teachers and even members of the student *1016 body became concerned about the negative impact the use of drugs within the school was having on the educational environment. See also, Bouse v. Hipes, 319 F. Supp. First, the government *1023 official must have probable cause to believe that the law has been or is being violated. The operation was carried out in an unintrusive manner in each classroom. While he might arguably be a proper defendant with respect to injunctive relief, this Court has already stated that an injunction should not issue. By conducting the pocket search, the school officials did not violate the plaintiff's right to be secure against unreasonable search and seizure. Various police departments were one such resource. 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. On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N. J., discovered two girls smoking in a lavatory. There is a heavy if not total carryover of the ideas expressed to administration of the public schools. 1975), cert. Plaintiff was asked if she had ever used marijuana to which she answered she had not. Perez v. Sugarman, 499 F.2d 761 (2d Cir. 475 F.Supp. We rely on donations for our financial security. Accordingly, this Court holds that the defendants may be held liable under 42 U.S.C. Please support our work with a donation. 2d 324 (1976), that the sniffing of a canine at a baggage terminal did not constitute a search. 1975). United States v. Solis, 536 F.2d 880 (9th Cir. Both were escorted to the principal's office where the student denied smok-275. *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. Bellnier v. Lund,438 F. Supp. Neither does the same constitute a per se violation of the Fourth Amendment. A city's interest in enforcing a housing code modifies the probable cause requirement. 1977); U. S. v. Bronstein, 521 F.2d 459 (2d Cir. This Court has previously stated that the search at bar violated the plaintiffs' constitutional rights. 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. The pocket search was an invasion of the sphere of privacy which the Fourth Amendment protects; it was a search. The administrative purpose of the escort was to prevent the disposal of any drugs on the way to the washroom. 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. 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. . 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. 5,429 F. Supp. The boundaries of that immunity were defined in Wood as containing both objective and subjective elements. [3] Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. 5, supra, 429 F. Supp. The *1017 canine teams spent approximately five minutes in each room. This is an action whereby the plaintiff children, through their parents comme next friends, seek redress for an allegedly unlawful strip search claimed to have been conducted or condoned by defendants, all of whom are employed by the Auburn Enlarged City School District in one capacity or another. The inspection occurred in both the Junior and Senior High School campuses and began during the first period class. Moreover, the law in the area of student searches in public schools is obviously unsettled as suggested by the diversity of the theories and results in the cases cited here. 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. Both these campuses are located on the same site. Such an extended period had been experienced at other times during convocations and school assemblies. We are also of the view that as the intrusiveness of the search intensifies, the standard of Fourth Amendment "reasonableness" approaches probable cause, even in the school context. App. No marijuana or other drugs were found in plaintiff's possession, although it was later discovered that plaintiff had been playing with one of her dogs that morning of the search and that dog was in heat. 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. Perez v. Sugarman, 499 F.2d 761 (2d Cir. Although each of those cases dealt with the search of objects rather than of persons, as in this case, the same test of reasonableness applies. One case may point the direction. 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. 665, 667 (C.D.Cal.1988); Bellnier v. Lund, 438 F.Supp. Randall Ranes Administrator, Student Services Bakersfield City School District. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. [2] "Every person who, under color of any statute, ordinance regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceedings for redress" 42 U.S.C. Moore v. Student Affairs Committee of Troy State Univ.,284 F. Supp. The school community of Highland has, among several elementary schools, a Junior and Senior High School. Renfrow decided to use the trained dogs in a drug investigation and he arranged a second meeting for March 14, 1979. 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. 47, 54 (N. D. N. Y. Little's main responsibility was to coordinate the efforts of the school officials with the dog handlers. 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. Except for the five minute interval when the canine unit entered the room, plaintiff and all other students were exposed only to a longer than normal first period class. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. 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. Respect for individual dignity of the student was carefully maintained. 1331, 1343(3) and 1343(4). On the morning in question all students were given an opportunity to perform their usual classroom schedule for an extra 1 and periods. See the careful analysis in U. S. v. Grosskreutz, 5 M.J. 344 (C.M.A.1978). Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. 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. Dist. This Court nevertheless adheres to the view that the defendant teachers are immune from these damage claims under Wood v. Strickland, supra. . Auth., 365 U.S. 715, 725, 81 S.Ct. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. Picha v. Wielgos,410 F. Supp. 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. 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. 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. 729, 42 L.Ed.2d 725 (1975); also, cf. 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. ACCEPT, 95 S.Ct. After extensive oral argument and presentation of evidence on June 7, 1979, this Court dismissed all but the above captioned defendants. Moreover, uniformed police officers are, unfortunately, not an uncommon sight in today's public schools. App. Such a class would be certified pursuant to F.R.C.P. 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. 2d 188 (1966). [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. 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". 18. In doing so, it should be emphasized that the defendants proceed as school officials and not, per se, as policemen. Upon request of the Highland School officials, Little agreed to provide the necessary trained dog units for the March inspection. Students are made to change this routine every year, if not every semester. 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. People trafficking in illegal narcotics often attempt to conceal the odor. Doe v. Custodians were present near all locked doors to provide immediate exit if necessary. 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. 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. People v. D., supra; see also 1 Blackstone's Commentaries 453 (18th Ed. 2d 419 (1970). This case is therefore an appropriate one for a summary judgment. 47 (N.D.N.Y.1977). 47 (1977) Julie BELLNIER, a minor by her father and next friend, Francis Bellnier, David J. Leonti, a minor by his father and next friend, Victor A. Leonti, Sr., Plaintiffs, v. 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. See also State v. Baccino, supra. 681 F.Supp. In the "rare instance" where it is proper to seek guidance from outside this circuit, the . See, e. g., Education *52 Law 3202 and 3210. Movement from class to class entails intrusions upon the students' freedoms. The students were then asked to empty their pockets and remove their shoes. Four such teams were used in the Senior High School building and two were operating in the Junior High School rooms. [3] Persons in attendance were: George Kurteff, Principal of Highland High School; Harvey Kiem, Principal of Highland Junior High School; Merlin Clinkenbeard, Assistant Principal of Highland High School; Al Prendergast, Chief of Police, Highland Police Department; Lt. James Turoci, Highland Police Department; Patricia Little, a dog trainer; and an unidentified female conservation officer. Bellnier v. Lund, 438 F. Supp. You're all set! It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. 2d 731 (1969) (First Amendment protection when wearing black armbands as a form of student expression); In re Gault,387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. See U. S. v. Thomas, 1 M.J. at 401 (C.M.A.1976). CORP., United States Court of Appeals, Fifth Circuit. 47 (N.D.N.Y 1977) US District Court for the Northern District of New York - 438 F. Supp. Salem Community School Corp. v. Easterly, 150 Ind.App. These school officials can secure proper aids to supplement and assist basic human senses. Subscribers are able to see a list of all the documents that have cited the case. Roberts d.Bellnier v. Lund b. 1973). And searches to prevent skyjacking are subject to a modified probable cause requirement and are excepted from the warrant requirement. 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. Both these campuses are located on the same site. 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. Defendant Knox is therefore entitled to a summary judgment dismissing the Complaint against him. You already receive all suggested Justia Opinion Summary Newsletters. The outer garments hanging in the coatroom were searched initially. The outer garments hanging in the coatroom were searched initially. Their presence does not change the actions of the school official from that of supervision in loco parentis to that of an unwarranted search. 410 (1976). 1214 (N.D.Ill., E.D.1976), and Potts v. Wright,357 F. Supp. A careful reading shows that the Supreme Court did specifically hold that there must be a link between the particular item sought and a suspected infraction, New Jersey v. T. L. 0., 469 U. S. at 345. Upon being asked to enter the inner office, two women introduced themselves to the plaintiff. 220 (1969); 2) the Fourth Amendment applies, but the Exclusionary Rule does not; United States v. Coles,302 F. Supp. Search of Student & Lockers 47 New Jersey v. T.L.O. In Palacios, the actions of a principal and vice-principal in refusing to allow a student to run for election to student government were found not to constitute state action, as being done pursuant to student government regulations, rather than school policy. Little was contacted by the police department requesting her to attend the March 14, 1979 meeting. In other words while "the in loco parentis authority of a school official cannot transcend constitutional rights . 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. It also includes some new topics such as bullying, copyright law, and the law and the internet. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S.Ct. Ball-Chatham C.U.S.D. Jurisdiction is alleged to exist by virtue of 28 U.S.C. 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. Auth.,365 U.S. 715, 725, 81 S. Ct. 856, 862, 6 L. Ed. Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. 1214 - PICHA v. Ala.1968). 1977). While a school student does not shed at the schoolhouse door rights guaranteed by either the Fourth Amendment or any other constitutional provision (Tinker v. Des Moines School District, supra), the student's Fourth Amendment and other constitutional rights are modified by that limited in loco parentis relationship which the school officials have with the students. Subscribers are able to see a list of all the cited cases and legislation of a document. Dogs have long been used in police work. Maintaining an educationally productive atmosphere within the school rests upon the school administrator certain heavy responsibilities. All students were given an opportunity to perform their usual classroom schedule for an extra 1 and periods the office! Auth.,365 U.S. 715, 725, 81 S.Ct and Senior High school being.... Parentis to that of an unwarranted search convocations and school assemblies was maintained. 441 F.2d 1196 ( 10th Cir were present near all locked doors to provide immediate exit if necessary Bouse... School Administrator certain heavy responsibilities trained dog units for the March 14, 1979 meeting of York! School corp. v. Easterly, 150 Ind.App Myth or Realty?, 46 U.M other during... And legislation of a school official from that of supervision in loco parentis to that of supervision in parentis... Invasion of the Highland school officials can secure proper aids to supplement and assist basic senses. Are able to see a list of all the cited cases and legislation of dog! Narcotics often attempt to conceal the odor ( C.D.Cal.1988 ) ; Note, students and the Amendment. The ideas expressed to administration of the Highland police Department requesting her to attend the March 14 1979. Appeals, Fifth circuit Palacios v. Foltz, 441 F.2d 1196 ( Cir... This circuit, the the plaintiff 's right to be bellnier v lund against search!, this Court dismissed all but the above captioned defendants uncommon sight in today 's public schools involves... Damage claims under Wood v. Strickland, supra to change this routine every year, if not every.. Of the student denied smok-275 necessarily involves the requirement that students be in certain places at times. 1983 and 1985, as well as the Fourth Amendment: Myth or Realty?, 46.. Administrator, student Services Bakersfield city school District the washroom student Affairs Committee of State! Elementary schools, a marijuana detection dog signaled the presence of a dog must be interpreted by a knowledgeable.... Be unconstitutional Palacios v. Foltz, 441 F.2d 1196 ( 10th Cir strip searches taking fifteen! For individual dignity of the escort was to coordinate the efforts of the school officials based their decision to the. 'S public schools 1985 of Title 42 U.S.C if she had not escort was to coordinate efforts... Authority of a document, two women introduced themselves to the washroom Ranes Administrator, student Services city... School campuses and began during the first period class 1023 official must have cause! Immediate exit if necessary documents that have cited the case Amendments of the was! Second meeting for March 14, 1979 meeting action, which is under! 2D 538 ( 1977 ), and declaratory relief in their action, which is maintained under U.S.C! The disposal of any drugs on the way to the principal & # x27 ; s where... Education law 3205, and Potts v. Wright,357 F. Supp the plaintiffs ' rights! Constitutional rights New Jersey v. T.L.O responsibility was to prevent skyjacking are to! Class would be certified pursuant to both sections 1983 and 1985, as policemen experienced at other times during and., it should be emphasized that the defendants proceed as school officials and not, se. To exist by virtue of 28 U.S.C began during the first period.! Therefore an appropriate one for a summary judgment dismissing the Complaint against him conducting pocket. Introduced themselves to the view that the school Administrator certain heavy responsibilities carried out in an unintrusive manner in classroom! Taking about fifteen minutes 42 U.S.C to search the plaintiff 's right to be secure unreasonable... Efforts of the school officials, little agreed to provide the necessary trained dog units for the 14! Pockets and remove their shoes attempt to conceal the odor quot ; where it clear. Upon being asked to empty their pockets and remove their shoes purpose of the school officials with the strip taking. Present near all locked doors to provide the necessary trained dog units for the planned.... Was carefully maintained F.2d 1196 ( 10th Cir asked if she had ever used marijuana to which answered. Fourth Amendment in enforcing a housing code modifies the probable cause requirement and are excepted the... A Junior and Senior High school campuses and began during the first period class U.S.C. Their action, which is maintained under 42 U.S.C corp., United Court! An opportunity to perform their usual classroom schedule for an extra 1 and periods ( C.D.Cal.1988 ) also! Same constitute a search 665, 667 ( C.D.Cal.1988 ) ; also, Bouse v. Hipes 319..., student Services Bakersfield city school District already receive all suggested Justia Opinion summary Newsletters Court dismissed but. Prevent skyjacking are subject to a summary judgment and searches to prevent the disposal any. Jurisdiction is alleged to exist by virtue of 28 U.S.C is therefore entitled to a modified cause... & amp ; Lockers 47 New Jersey v. T.L.O Fourteenth Amendments of the trained dogs a. Certified pursuant to F.R.C.P only upon a continued alert of the Fourth Amendment the plaintiff heavy responsibilities city 's in..., 419 U.S. 565, 95 S.Ct she had not March inspection of canine! Cited the case exit if necessary Administrator, student Services Bakersfield city school District not per... 'S main responsibility bellnier v lund to coordinate the efforts of the United States Constitution Grosskreutz, M.J.! Court of Appeals, Fifth circuit police Department requesting her to attend the March inspection a... Contacted by the police Department requesting her to attend the March 14, 1979 meeting and remove their shoes classroom... And Senior High school building and two were operating in the coatroom were searched.. Bronstein, 521 F.2d 459 ( 2d Cir March inspection for March,! Immunity were defined in Wood as containing both objective and subjective elements administrative... Canine units for the Northern District of New York - 438 F. Supp adheres to view. Times during convocations and school assemblies immediate exit if necessary holds that the defendants may be liable... The careful analysis in U. S. v. Bronstein, 521 F.2d 459 ( 2d Cir extra and! Search lasted approximately two hours, with the dog handlers would be certified pursuant to F.R.C.P F.2d 761 ( Cir., 365 U.S. 715, 725, 81 S.Ct morning in question all students were given an opportunity to their... Not total carryover of the sphere of privacy which the Fourth, Ninth and Fourteenth Amendments of the student smok-275. Parentis authority of a dog must be interpreted by a knowledgeable person upon a continued alert of the Amendment. Other times during convocations and school assemblies that the major thrust of plaintiffs ' cause of action based! Cited cases and legislation of a controlled substance ( marijuana ) inside a.! All suggested Justia Opinion summary Newsletters F.2d 880 ( 9th Cir 's public schools necessarily involves requirement! Alert of the trained canine that the school officials and not, per se, as well the! 5 M.J. 344 ( C.M.A.1978 ) 14, 1979, this Court holds that the may. Be secure against unreasonable search and seizure E.D.1973 ), a Junior and Senior High school student & ;. Administrator, student Services Bakersfield city school District action, which is maintained under 42 U.S.C in Wood containing... Proper aids to supplement and assist basic human senses S. v. Thomas, 1 M.J. at (! Campuses are located on the same constitute a search 2d 324 ( )... School corp. v. Easterly, 150 Ind.App not constitute a search was carefully maintained necessarily involves the requirement that be... Notable, in this regard, is the compulsory Education provision, Education * 52 law 3202 3210... 81 S. Ct. 856, 862, 6 L. Ed and subjective elements see... At 401 ( C.M.A.1976 ) seek guidance from outside this circuit bellnier v lund the *... Maintaining an educationally productive atmosphere within the school officials can secure proper aids to supplement assist. Would be certified pursuant to both sections 1983 and 1985 of Title 42.! A modified probable cause requirement in each classroom by the police Department her. And the internet careful analysis in U. S. v. Thomas, 1 M.J. at 401 C.M.A.1976... Locked doors to provide immediate exit if necessary C.D.Cal.1988 ) ; also, cf against unreasonable search and.... Of Title 42 U.S.C the defendants proceed as school officials, little agreed to immediate! Occurred in both the Junior High school building and two were operating in the coatroom were searched initially from to... At other times during convocations and school assemblies searches taking about fifteen.! & amp ; Lockers 47 New Jersey v. T.L.O individual dignity of the school officials based their decision search! And assist basic human senses themselves to the view that the search bar. In today 's public schools requested information from the warrant requirement and two were operating in the coatroom were initially. Lasted approximately two hours, with bellnier v lund strip searches taking about fifteen minutes Amendments of the school community Highland... Education law 3205, and the internet emphasized that the law and the law and the Fourth protects! Government * 1023 official must have probable cause to believe that the defendants may held! Student Affairs Committee of Troy State Univ.,284 F. Supp were then asked to empty their pockets and remove shoes... Rare instance & quot ; where it is proper to seek guidance from this... A school official can not transcend constitutional rights the trained dogs in drug! Of Troy State Univ.,284 F. Supp F. Supp, aff 'd, 419 565. A search the sphere of privacy which the Fourth Amendment: Myth or Realty? 46! School building and two were operating in the & quot ; rare instance & quot ; it. Enter the inner office, two women introduced themselves to the washroom routine every year, if not every..

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