CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. 340, 367 N.E.2d 949 (1977). 1971); see also Barrett v. United Hospital, 376 F.Supp. You already receive all suggested Justia Opinion Summary Newsletters. No. Subscribers are able to see any amendments made to the case. During the inspection, Little and each of the other dog handlers involved knew the individual alerts their dogs would give in the presence of any marijuana or marijuana paraphernalia. 220 (1969); 2) the Fourth Amendment applies, but the Exclusionary Rule does not; United States v. Coles,302 F. Supp. 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. 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. Professors, teachers and school administrators are increasingly faced with concerns not even thought of in previous decades. It should be noted at this point that had the role of the police been different, this court's reasoning and conclusion may well have been different. Cf. 681 F.Supp. See, 28 U.S.C. 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. Although unknown by the students, those uniformed officers in the halls that morning were under orders not to pursue any students outside the building. It is clear that the defendants are entitled to a summary judgment on the issue of monetary damages under the test in Wood. 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. For example in Bellnier v. Lund, 438 F.Supp.47 (N.D.N.Y. Such a class would be certified pursuant to F.R.C.P. 856, 862, 6 L.Ed.2d 45 (1961). CORP., United States Court of Appeals, Fifth Circuit. The school officials did intend, however, to bring any necessary disciplinary actions against students found in possession of contraband. 1973); U. S. v. Lewis, 392 F.2d 377 (2d Cir. 556 (1973); U. S. v. Thomas, 1 M.J. 397 (C.M.A. This Court finds that joinder would have been permissible and that in light of counsel's motion to dismiss party plaintiffs it now DENIES plaintiff's motion for class certification. 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. The plaintiff further seeks to have the complained of activities of the named defendants permanently enjoined. Monroe v. Pape,365 U.S. 167, 81 S. Ct. 473, 5 L. Ed. The dog's conduct constituted evidence that caused the court to observe that "Even on the record the issuance of a warrant by a judicial officer was reasonably predictable. 1971); see also Barrett v. United Hospital,376 F. Supp. 2d 317 (La.S.Ct. Listed below are the cases that are cited in this Featured Case. *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. These human senses may generally be aided by such non-living artificial devices as binoculars, flashlights, magnetometers, breathalyzers, camera lenses and ordinary prescription glasses. 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. Although they were obviously clothed with their state authority, they had previously agreed that no arrests would be made as a result of any drugs found that morning. 75-CV-237. 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. 1988); Bellnier v. Lund, 438 . This Court finds the reasoning utilized in Moore v. Student Affairs Committee of Troy State University, supra, and State v. Young, supra, that of applying the Fourth Amendment but with a lesser standard than probable cause with respect to student searches, to be the more persuasive. The outer garments hanging in the coatroom were searched initially. Ala. 1968) (applying "reasonable cause to believe" stan- dard). 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. 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. See, M. v. 2201. 47 (N.D.N.Y. Little's main responsibility was to coordinate the efforts of the school officials with the dog handlers. 1983 if the search is found to have violated the plaintiffs' Fourth Amendment rights. See, e. g., Buss, The Fourth Amendment and Searches of Students in Public Schools, supra at fn. 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. 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. Upon request of the Highland School officials, Little agreed to provide the necessary trained dog units for the March inspection. ; Pro Get powerful tools for managing your contents. Search of Student & Lockers 47 New Jersey v. T.L.O. Perez v. Sugarman, supra; cf. Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. 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) 1940). 1972); In re G. C., 121 N.J.Super. The school officials made every reasonable effort to carry off this plan in a manner compatible with proper order in the schools and with the values therein involved. Ass'n,362 F. Supp. The atmosphere within the Highland Junior and Senior High Schools was one of frustration on the part of school administrators and faculty brought about by their inability to control or arrest the drug use problem. Sch. 1978); and Miller v. Motorola, Inc., 76 F.R.D. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. This case is therefore an appropriate one for a summary judgment. Moreover, plaintiff as well as other students in a public school, does not fall within the meaning of Katz because of the very nature of public school education. Bellnier v. Lund, 438 F. Supp. Second, the government official must obtain a warrant before carrying out the search. These school officials can secure proper aids to supplement and assist basic human senses. den., 424 U.S. 918, 96 S. Ct. 1121, 47 L. Ed. 1977); Horton v. Gosse Creek Independent . 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. 1998 -NMCA- 51, Kennedy v. Dexter Consolidated Schools, No. At this meeting, the school administrators informed the police officers that they intended to conduct an investigation within the school buildings using canine units to detect and remove any narcotics or narcotic paraphernalia. 2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. Baltic Ind. One year later, the Ninth Circuit Court of Appeals also held that the use of marijuana-sniffing dogs to sniff the air around a parked semi-trailer was reasonable and therefore not a prohibited search under the Fourth Amendment. This lesser standard applies only when the purpose of the dog's use is to fulfill the school's duty to provide a safe, ordered and healthy educational environment. 2534, 2542-2543, 69 L.Ed.2d 262). 2d 538 (1977), a marijuana detection dog signaled the presence of a controlled substance (marijuana) inside a footlocker. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. 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. 1977). den., 421 U.S. 921, 95 S. Ct. 1589, 43 L. Ed. Solis, supra. 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,
K.C.L.Rev. 438 F.Supp. Bellnier v. Lund, 438 F. Supp. This site is protected by reCAPTCHA and the Google, Northern District of New York US Federal District Court. Defendant Knox is therefore entitled to a summary judgment dismissing the Complaint against him. The unnecessary duplication of sanctions is evident in either case. 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. 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. 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. You're all set! A search of those items failed to reveal the missing money. See, e. g., Education *52 Law 3202 and 3210. Since no search was performed up until the time the dogs alerted, no warrant was necessary for the initial observation by the school officials. ." One was a friend of the plaintiff's mother. 47 (N.D.N.Y. A light relaxed atmosphere was created. The use of drug detecting canine units was discussed at the March 6, 1979 meeting of the Board of the Highland Community School District and Superintendent of Schools, Omer Renfrow. 441 F.2d 560 - EXHIBITORS POSTER EXCH. This meeting was attended by school administrators of the Senior and Junior High Schools and by members of the Highland Police Department. Acting alone, each school administrator could have unquestionably surveyed a classroom to prevent drug use. 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 *51 law. [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. Dist. 206, 498 F.2d 748 (1974), a marijuana-sniffing dog was allowed to sniff the air around a footlocker in a bus depot. On the morning in question all students were given an opportunity to perform their usual classroom schedule for an extra 1 and periods. Times allocated for each class period are determined by the school officials, not the students. 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. 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". 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. Burton v. Wilmington Pkg. 1977), a U.S. district court in New York held that a teacher's search was so intrusive as to exceed the reasonable suspicion standard when she initiated a strip search to recover stolen money. 14 See, e.g., Bellnier v. Lund (N.D.N.Y.1977). 47 (N.D.N.Y. 4:1 . 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. 452 F.Supp. 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. 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. The General School Powers Act of the State of Indiana, I.C. United States District Court, N. D. New York. Both parties have moved for a summary judgment, pursuant to F.R.C.P. Cf. 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. In order to keep disruptions to a minimum, late arrivals at the school were directed to a room other than their regular first period classroom. A common thread that runs through all four of the above cited circuit cases was the fact that the law enforcement officers had previous independent information or "tips" concerning the whereabouts of the drugs that were later sniffed out by the dogs. reasonable cause test); Bellnier v. Lund, 438 F. Supp. First, the government *1023 official must have probable cause to believe that the law has been or is being violated. 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. The existence of such odors often provides useful information to investigative law enforcement officers concerning the location and proximity of illegal controlled substances. 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. Thus, in State v. Young, supra, a well reasoned opinion, the Georgia Supreme Court found three categories of searches, for purposes of the Fourth Amendment: 1) wholly private searches, with no Fourth Amendment applicability; 2) state action, but no involvement of law enforcement agents, so that the Fourth Amendment applies, but not the Exclusionary Rule; and 3) search by law enforcement agents, to which both the Fourth Amendment and the Exclusionary Rule apply in toto. Patricia Little herself did not participate in any capacity other than as a volunteer dog trainer. 1968 ) ( 3 ) non-profit ) ; Bellnier v. Lund, F.Supp.47... -Nmca- 51, Kennedy v. Dexter Consolidated Schools, supra at fn of plaintiffs ' cause of is! Marijuana ) inside a footlocker 1983 if the search is found to have the complained of of. Tools for managing your contents Kennedy v. Dexter Consolidated Schools, supra at.. Has been or is being violated in any capacity other than as a volunteer dog.! G. 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