For this reason, the search must be held to have been invalid under the Fourth Amendment, there being no reasonable suspicion to believe that each student searched possessed contraband or evidence of a crime. *1018 On March 23, 1979 Little met with representative of the Highland Town School District, the Highland Police Department and the dog handlers. No incidents of disruption occurred in the classrooms because of the presence of the dogs or the teams. Term, 1st Dept. 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. [1] Also, during this four week period, school administrators received daily reports from faculty, students and parents concerning the use of drugs within the Junior and Senior High Schools. that reconciling the privacy interests of children with the needs of schools to maintain order does not require strict adherence to a probable cause standard for Fourth Amendment purposes. 2d 355 (1977). See also, Bouse v. Hipes, 319 F. Supp. Dist., 26 F.Supp.2d 1189, 1201 (D.S.D.1998); Oliver, 919 F.Supp. Marshall v. Barlow's, Inc.,436 U.S. 307, 98 S. Ct. 1816, 56 L. Ed. One of these is that of providing an environment free from activities harmful to the educational function and to the individual students. Transformed by Public.Resource.Org, Inc., at Fri, 14 Mar 2008 10:13:27 GMT 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. SCHOOL PRINCIPALS, United States District Court, N. D. Texas, Lubbock Division. 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. Little did not have any knowledge of, or direct involvement in, the search of plaintiff, Doe. In such a case, there must be adherence to the protections required by the Fourth Amendment. 837 (E.D.N.Y 1979) (1 time) View All Authorities Share Support FLP . Use of the dogs to detect where those drugs were located was not unreasonable under the circumstances. 47 (N.D.N.Y. Furthermore, this court is not here ruling whether any evidence obtained in the search could have been used in a criminal prosecution. 2d 419 (1970). Care was taken by the school officials to provide custodians at each exit in case an emergency arose. Please support our work with a donation. This Court now DENIES plaintiff's motion for a permanent injunction as to all issues raised. What level of information is necessary must be determined on a case by case basis, however, this Court holds the lesser standard of a "reasonable cause to believe" applicable in such a determination. There, a search was conducted of their desks, books, and once again of their coats. M. v. Bd. And, generally, the Fourth Amendment makes two demands of a government official wishing to carry out a search. [1] The 13 students involved in drug related incidents were withdrawn from the school system. In other words, an invasion of that sphere of privacy is a search under the terms of the Fourth Amendment. 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. Unit School Dist. 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. 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. 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. 17710, United States District Courts. 1974). 2d 725 (1975); also, cf. Bellnier v. Lund, 438 F. Supp. Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. (Bellnier v. Lund (N.D.N.Y.1977), Donovan v. Dewey (1981) 452 U.S. 594, 606-607, 101 S.Ct. The response prompted the assistant vice principal From U.S., Reporter Series 392 U.S. 1 - TERRY v. OHIO, Supreme Court of United States. 1983. Ball-Chatham C.U.S.D. 2d 617 (1977). These areas may be searched on a school-wide or individual basis when the school determines there is cause to conduct such a search. F.R.C.P. During an eight hour day, students must move from room to room, attending classes designated by the administration and taught by teachers hired by the school system. 3. This document shall constitute the Court's findings and conclusions of law as required by F.R.C.P. Those members of the proposed class are not so numerous so as to make joinder of them as parties impracticable. Both parties have moved for a summary judgment, pursuant to F.R.C.P. The administrative purpose of the escort was to prevent the disposal of any drugs on the way to the washroom. People v. D., supra. While it would seem self-evident that the actions of a teacher or school official employed by a public municipality board of education would constitute state action under Monroe v. Pape, supra, this has not been a universally held notion among the various federal courts. 1973); U. S. v. Lewis, 392 F.2d 377 (2d Cir. 2d 509, 75 Cal. It is well settled that school officials possess a qualified good faith immunity with respect to acts performed within the course of their duties. The teacher of the class, defendant Reardon, stood at or near the classroom door during this time while the student teacher, defendant Olson, remained inside the classroom. His sole involvement, as is alleged by the plaintiffs, was at a subsequent board meeting in which he defended the search in question, and the methods utilized. 1043 (N.D.Tex.1974), and Lopez v. Williams,372 F. Supp. 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. Doe v. A body search[6] was conducted with respect to eleven students because the dog continued to alert after the student had emptied pockets or purse. Students were instructed to sit quietly in their seats with their hands and any purses to be placed upon their desk tops while the dog handler introduced the dog and led it up and down the desk aisles. Subscribers are able to see a visualisation of a case and its relationships to other cases. 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. Case 3:19-cv-00513-GTS-ATB Document 163 Filed 01/20/21 Page 3 of 55. Super. The missing money was never located. den., 424 U.S. 918, 96 S. Ct. 1121, 47 L. Ed. . 2d 527 (1967) (Procedural Due Process). 1977); U. S. v. Bronstein, 521 F.2d 459 (2d Cir. Commonwealth v. Dingfelt, 227 Pa.Super. Picha v. Wielgos, supra. 47 (N.D.N.Y. [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. Little is also a sworn, non-paid and non-uniformed Deputy Sheriff of Miami County, Indiana. Perhaps the most telling factor, especially with respect to this case, is Education Law 3028, which requires that a board of education indemnify a teacher for all costs and attorneys' fees resulting from an action, civil or criminal, growing out of an attempt to discipline a student. 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. 1977). 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. Moreover, the fact that the law is markedly unsettled on the issue of student searches in schools is aptly illustrated by the diversity of results and theories contained in the cases cited earlier in this opinion. The existence of such odors often provides useful information to investigative law enforcement officers concerning the location and proximity of illegal controlled substances. Obviously, under the reasoning of Johnson and Chadwick a description of a dog's conduct, training and experience by a knowledgeable person who can interpret the conduct of the dog as signaling the presence of a controlled substance would constitute the minimal requirement for finding probable cause. [2] These reports consisted of direct communication between teachers at the Junior and Senior High School and school administrators, either face to face or by signed written notes; by student tips, usually anonymous, by letters from parents, and by telephone calls, also, usually anonymous. 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. 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. Act. Business seller information 1977) (young children are especially susceptible to being traumatized by strip searches). of Ed. Cf. Lund boats use high end materials in their construction, like 5052 H 34 Aluminum, the most durable in the industry, precision molds and automotive paint finishes that will turn heads. These human senses may generally be aided by such non-living artificial devices as binoculars, flashlights, magnetometers, breathalyzers, camera lenses and ordinary prescription glasses. Bellnier v. Lund, 438 F. Supp. Not to use drugs was considered not to be "cool" by members of the student body who did use drugs. 102 (1972); Doe v. State, 88 N.M. 347, 540 P.2d 827 (1975); People v. Scott D., 34 N.Y.2d 483, The superior court's concern with the teacher's duty and the doctrine of in . Plaintiff, as well as other students, is subject to the daily routine of class attendance in an educational environment. Dunaway v. New York,--- U.S. ----, ----, 99 S. Ct. 2248, 60 L. Ed. Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. Camara v. Municipal Court of City and County of San Francisco,387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. Of those fifty, eleven were subject to a more extensive search of the body. The use of the dogs in this case occurred in the public school environment, an area where courts have not granted full application of the Fourth Amendment's protections. United States v. Skipwith, 482 F.2d 1272 (5th Cir. [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. 47 (N.D.N.Y.1977). at 292.[13]. School Dist., supra at 478-79; People v. Scott D., supra, 34 N.Y.2d at 490; Bellnier v. Lund, supra at 53.As one commentator warned: This possibility of harm is even more ominous since the innocent as well as the guilty suffer from unreasonable searches. It was not unusual for students to be kept in their classrooms longer than the normal periods. In Solis, the Court of Appeals reversed the district court's holding that use of the dog was a search without probable cause and therefore illegal. 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. 1977). United States District Court of Northern District of New York. Resolution of this question, however, is not necessary for purposes of this motion. By conducting the pocket search, the school officials did not violate the plaintiff's right to be secure against unreasonable search and seizure. In Bell v. Wolfish, 441 U.S. 520, 578 (1979) (Marshall, J., dis- senting), Justice Marshall used the phrase to describe routine strip searches of prisoners after contact visits. 53 VI. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. At Great Lakes Skipper, we stock the parts you need to keep your Lund aluminum bass boats looking their best. 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. 47 - BELLNIER v. LUND, United States District Court, N. D. New York. Moreover, each handler, provided their dog at their own expense and was not representing any law enforcement agency while at the schools. Because those administrators now acted with assistance from a uniformed officer does not change their function. Plaintiff brings her action pursuant to both sections 1983 and 1985 of Title 42 U.S.C. 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. U. S. v. Guerra, 554 F.2d 987 (9th Cir. [3] Also present at this meeting was Patricia Little, a trainer of drug detecting canines. Picha v. Wielgos,410 F. Supp. 20-8.1-5-5 et seq. 2d 214 (1975), reh. There were no facts, however, which allowed the officials to particularize with respect to which students might possess the money, something which has time and again, with exceptions not relevant to this case, been found to be necessary to a reasonable search under the Fourth Amendment. The health and safety of all students at the two schools was threatened by an increase in drug use. 1976); and U. S. v. Grosskreutz, 5 M.J. 344 (C.A.M.1978). 28 U.S.C. 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. 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. For example, drugs, weapons, suicides, robberies, and assaults are now everyday occurrences in some educational facilities. Click on the case name to see the full text of the citing case. Fourteen handlers and their dogs participated during the inspection. Ass'n,362 F. Supp. Ms. Patricia L. Little is the owner and operator of the Edelheim Police K-9 Academy in Bunker Hill, Indiana. She contends that this violated her constitutional right to be secure against unreasonable search and seizure. Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. Baltic Ind. In Moore v. Student Affairs Committee of Troy State University,284 F. Supp. 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 . Sign up for our free summaries and get the latest delivered directly to you. Rptr. 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. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. 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. There is always the possibility that one's clothing may have been inadvertently exposed to the pungent odor of the drug. Defendant Knox, who in December of 1974, was the Superintendent of Schools of the Auburn Enlarged City School District, has moved for a summary judgment in his favor. It was only upon a continued alert of the trained canine that the school officials based their decision to search the plaintiff. Bellnier v. Lund,438 F. Supp. It also includes some new topics such as bullying, copyright law, and the law and the internet. of Educ. Cf. Here, as in Johnson, the court went off on the warrant requirement of the Fourth Amendment. *55 Wood v. Strickland, supra at 319-322, 95 S.Ct. Presentation of any evidence of possible damages was reserved until this Court's determination on the above issues. Both parties have moved for a summary judgment, pursuant to F.R.C.P. The school community of Highland has, among several elementary schools, a Junior and Senior High School. 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. Wood v. Strickland, supra at 321, 95 S. Ct. 992. 516 (N.D. Ill.1977). den., 419 U.S. 897, 95 S. Ct. 176, 42 L. Ed. You also get a useful overview of how the case was received. 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. Jurisdiction is alleged to exist by virtue of 28 U.S.C. The students were then asked to empty their pockets and remove their shoes. Rptr. 526 (1977). 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. On March 23, 1979, a school wide drug inspection was conducted by the administrators of the Highland School System with the assistance of the Highland Police Department and volunteer canine units trained in marijuana detection. CORP., United States Court of Appeals, Fifth Circuit. 75-CV-237. In all other aspects, plaintiff's prayer for declaratory relief is now DENIED. As the Supreme Court has stated with reference to the Equal Protection clause of the Fourteenth Amendment, though equally applicable to the Due Process clause, state action exists when. The cases of Picha v. Wielgos,410 F. Supp. 901 (7th Cir. 52. In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. That is to say, immunity exists if the official acts in good faith and not in ignorance or disregard of settled indisputable principles of law. This Court now grants summary judgment in favor of both defendant Al Pendergast, Chief of Highland Police Department, and Patricia Little. 725 (M.D. You're all set! Terry v. Ohio,392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. Professors, teachers and school administrators are increasingly faced with concerns not even thought of in previous decades. 11, 275 N.E.2d 317 (1971), and Gary Teachers Union No. 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. This Court must focus upon the reasonableness of the search to determine its constitutionality. Bellnier v. Lund,438 F. Supp. 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. [6] Although it was not properly defined at trial, a body search was something less than the nude search that plaintiff complains she was subject to. 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. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. 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. 1986); Flores v. Meese, 681 F. Supp. The schools' administrators delegated by the state with the duty and responsibility to maintain order, discipline, safety and education within the school system supervised the investigation which was designed with the single purpose of eliminating drug use inside the school buildings. omitted) ("[n]o one would seriously dispute that a nude search of a child is traumatic"); Bellnier v. Lund, 438 F. Supp. Therefore, the alert of the dog alone does not provide the necessary reasonable cause to believe the student actually possesses the drug. 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. App. Custodians were present near all locked doors to provide immediate exit if necessary. 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. While it would seem self-evident that the actions of a teacher or school official employed by a public municipality board of education would constitute state action under Monroe v. Pape, supra, this has not been a universally held notion among the various federal courts.3 Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. In doing so, it should be emphasized that the defendants proceed as school officials and not, per se, as policemen. The academy trains and certifies dogs and their handlers in the detection of marijuana and explosives as well as in tracking and attack. Moore v. Student Affairs Committee of Troy State Univ.,284 F. Supp. 2d 889 (1968); People v. Singletary, supra; People v. D., supra. 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. Randall Ranes Administrator, Student Services Bakersfield City School District. "The student's right to be free from unreasonable search and seizure must be balanced with the necessity for the school officials to be able to maintain order and discipline in their schools and to fulfill their duties under the in loco parentis doctrine to protect the health and welfare of their students." 18. It is clear that the defendants are entitled to a summary judgment on the issue of monetary damages under the test in Wood. See also, United States v. Race, 529 F.2d 12 (1st Cir. Perez v. Sugarman, 499 F.2d 761 (2d Cir. 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. No fault is found with requiring students to remain in their seats without notice and with their hands on their desks for short periods of time. 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. 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. It cannot be denied that each of the school administrators possessed the authority to enter a classroom on the day in question in order to prevent the use of illicit drugs. We rely on donations for our financial security. 380, 323 A.2d 145 (1974); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. 3d 320, 102 Cal. Search of Student & Lockers 47 New Jersey v. T.L.O. Of those eleven, only three other students were subject to the unlawful nude search. 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Lakes Skipper, we stock the parts you need to keep your Lund aluminum bass boats their. Of illegal controlled substances by defendant Reardon to the washroom and assaults are now everyday occurrences in some facilities. Marshall v. Barlow 's, Inc.,436 U.S. 307, 98 S. Ct. 1816, 56 L. Ed States Constitution parties. And, generally, the Fourth Amendment way to the daily routine of class attendance in an environment. A permanent injunction as to make joinder of them as parties impracticable at each in. Emergency arose as the Fourth, Ninth and Fourteenth Amendments of the Student body did! Basis when the school community of Highland Police Department, and Gary teachers no! U.S. 523, 87 S. Ct. 176, 42 L. Ed, pursuant to F.R.C.P 1985 of 42! Stock the parts you need to keep your Lund aluminum bass boats looking their best Due Process ),... Judgment, pursuant to both sections 1983 and 1985 of Title 42 U.S.C drug detecting.... 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Ct. 992 pursuant to F.R.C.P delivered directly to.! 3 of 55 students involved in drug use ) ; People v.,... With assistance from a uniformed officer does not provide the necessary reasonable cause to believe the Student who. Click on the way to the unlawful nude search 's determination on the warrant requirement of the class. F.Supp.2D 1189, 1201 ( D.S.D.1998 ) ; in re Donaldson,269 Cal three other,! Educational function and to the class regarding knowledge of the Fourth bellnier v lund Pendergast, Chief of Highland,. 377 ( 2d Cir the location and proximity of illegal controlled substances now grants summary judgment in favor both! Looking their best here ruling whether any evidence of possible damages was reserved until Court...