bellnier v lund
A light relaxed atmosphere was created. 681 F.Supp. Of those fifty, eleven were subject to a more extensive search of the body. 1985. [9] Notes, Constitutional Limitations On The Use of Canines to Detect Evidence of Crime, 44 Fordham L.Rev. The response prompted the assistant vice principal 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. Exigent circumstances can excuse the warrant requirement. [12] United States v. Fulero (footlocker); United States v. Bronstein (suitcase); United States v. Solis (semi-trailer); United States v. Venema (rented locker). 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. 5, supra. 2nd Circuit. 1988); Bellnier v. Lund, 438 . About this product Product Information This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. This Court must focus upon the reasonableness of the search to determine its constitutionality. Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. The school officials did intend, however, to bring any necessary disciplinary actions against students found in possession of contraband. Therefore, the alert of the dog alone does not provide the necessary reasonable cause to believe the student actually possesses the drug. Education of Individuals with Disabilities 54 Board of Educ . Maintaining an educationally productive atmosphere within the school rests upon the school administrator certain heavy responsibilities. Because smoking in the lavatory was a violation of a school rule, the teacher took the two girls to the Principal . There, a search was conducted of their desks, books, and once again of their coats. 11. 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. It is clear that the defendants are entitled to a summary judgment on the issue of monetary damages under the test in Wood. 1 Wigmore, Evidence, Section 177(2) (3d Ed. Donate Now Interest of LLv. 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. A city's interest in enforcing a housing code modifies the probable cause requirement. Nevertheless, it is clear that in imposing the Exclusionary Rule upon the states as a remedial measure, the Court in Mapp did not by any means intend to deprive a person subjected to an unlawful search or seizure of his civil remedies, among them being recourse to a civil rights action under 42 U.S.C. 2d 492 (1961), citing United States v. Classic,313 U.S. 299, 61 S. Ct. 1031, 85 L. Ed. 47 (N.D.N.Y.1977). 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. ." Bd., supra; Bellnier v. Lund,438 F. Supp. 2d 725 (1975); also, cf. 3d 777, 105 Cal. SCHOOL PRINCIPALS, United States District Court, N. D. Texas, Lubbock Division. To combat what was perceived as an increasingly alarming drug problem within the school system, members of the Highland Town School District Board suggested the use of properly trained dogs to search for drugs within the school building. Bellnier v. Lund, 438 F. Supp. United States v. Solis, 536 F.2d 880 (9th Cir. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom. 1977). 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. 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. A search of those items failed to reveal the missing money. The plaintiffs have prayed for three forms of relief, seeking a declaratory judgment, damages, and an injunction. There is a heavy if not total carryover of the ideas expressed to administration of the public schools. 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. Uniformed police officers and school administrators were present in the halls during the entire investigation. You're all set! No incidents of disruption occurred in the classrooms because of the presence of the dogs or the teams. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. 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. The dog handler interpreted the actions of the dog for the benefit of the school administrator. A search of those items failed to reveal the missing money. See the careful analysis in U. S. v. Grosskreutz, 5 M.J. 344 (C.M.A.1978). 1974). Unit School Dist. After extensive oral argument and presentation of evidence on June 7, 1979, this Court dismissed all but the above captioned defendants. Ball-Chatham C.U.S.D. There is nothing sinister about her enterprise. In this case, acting as school officials, the defendants proceeded with a careful and sensitive plan that was formulated with much concern for basic educational values. 220 (1969); People v. Stewart, 63 Misc.2d 601, 313 N.Y.S.2d 253 (Crim.Ct., N.Y.Co.1970); 3) the Fourth Amendment, although applicable, is emasculated by the inapplicability of the Exclusionary Rule. 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. Mapp v. Ohio, 367 U.S. 643 (1961). 2d 527 (1967) (Procedural due process guaranteed in suspension and expulsion hearings). 2d 433 (1979). 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. [2] Out of these general reports, two students were identified as drug users, however, after investigation by school officials, no evidence of any drug use was found concerning the named students. Brooks v. Flagg Brothers, Inc., supra. 2. The *1017 canine teams spent approximately five minutes in each room. Brooks v. Flagg Brothers, Inc., supra. Bellnierv. 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. (Bellnier v. Lund (N.D.N.Y.1977), Donovan v. Dewey (1981) 452 U.S. 594, 606-607, 101 S.Ct. 777] the court ruled a strip search of a student to be unconstitutional. 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. 47 (N.D.N.Y 1977) July 11, 1977 438 F. Supp. 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. 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. 1012 - DOE v. RENFROW, United States District Court, N. D. Indiana, Hammond Division. Potts v. Wright, supra at 219; see also Picha v. Willgos, supra at 1220. 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. As stated by the Court in Potts. Here, as in Johnson, the court went off on the warrant requirement of the Fourth Amendment. 2d 453 (1977). 441 F.2d 560 - EXHIBITORS POSTER EXCH. 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. 2534, 2542-2543, 69 L.Ed.2d 262). Solis, supra. 725 (M.D. No. 1973); People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 (App. 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. In Moore v. Student Affairs Committee of Troy State University,284 F. Supp. . Little is also a sworn, non-paid and non-uniformed Deputy Sheriff of Miami County, Indiana. 47 (N.D.N.Y. Such an extended period had been experienced at other times during convocations and school assemblies. This document shall constitute the Court's findings and conclusions of law as required by F.R.C.P. This case is therefore an appropriate one for a summary judgment. Ms. Little was engaged in a perfectly legitimate, if unprofitable, enterprise of training these type dogs. Renfrow was not present. Although a trained dog is certainly more discriminative than electronic detection devices, United States v. Bronstein, supra, at 462, 463, it only alerts to the odor of the substance, not the substance itself. It has long been established that law enforcement personnel can and must use the basic human senses in the detection of crime. Therefore, the defendants are immune from liability for compensatory and punitive damages arising out of the acts complained of.[4]. There are few federal cases dealing with the subject of student strip searches, and unfortunately those cases are all distinguishable from that at bar. Moore v. Student Affairs Committee of Troy State University, supra; M. v. Board of Education Ball-Chatham Comm. Various police departments were one such resource. 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. 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. The unnecessary duplication of sanctions is evident in either case. Bellnier v. Lund, 438 F. Supp. And, generally, the Fourth Amendment makes two demands of a government official wishing to carry out a search. 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. [3] In Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 1401, 51 L. Ed. Upon being asked to enter the inner office, two women introduced themselves to the plaintiff. Super. 206, 498 F.2d 748 (1974), a marijuana-sniffing dog was allowed to sniff the air around a footlocker in a bus depot. 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. It is well settled that school officials possess a qualified good faith immunity with respect to acts performed within the course of their duties. She was quietly escorted to a nurse's station in the Junior High School and was asked to remain in the waiting room. [4] Renfrow requested information from the Highland Police Department concerning the use of trained canine units for the planned investigation. Not to use drugs was considered not to be "cool" by members of the student body who did use drugs. 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. of Educ. The operation was carried out in an unintrusive manner in each classroom. 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. 2d 576 (1967), the Fourth Amendment protections are the protections of people not places. Sign up for our free summaries and get the latest delivered directly to you. 1977) (applying standard of "reasonable grounds" based on "articulable facts"); Moore v. Student Affairs Comm. The proper administration of the public schools necessarily involves the requirement that students be in certain places at certain times. Finally, for purposes of this section, the sniffing of a trained narcotic detecting canine is not a search. 515 (S.D.Ind.1970). 47 (N.D.N.Y 1977) Reasonable Suspicion "Reasonable suspicion" is a particularized and objective basis, supported by specific articulable facts, for suspecting a person of violating law or policy. The objective was to rid the Junior and Senior High Schools of illicit drugs and discourage further drug use on the campuses. 1043 (N.D.Tex.1974), and Lopez v. Williams,372 F. Supp. 288 (S.D.Ill.1977); Bellnier v. Lund,438 F. Supp. Little was contacted by the police department requesting her to attend the March 14, 1979 meeting. 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. 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. 1971), with Warren v. National Ass'n of Sec. 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. As was stated by the Court in Wood. This case is therefore an appropriate one for a summary judgment. [3] Also present at this meeting was Patricia Little, a trainer of drug detecting canines. Defendant Knox is therefore entitled to a summary judgment dismissing the Complaint against him. Interestingly enough, the doctrine of in loco parentis was held not to apply with respect to the university students in Moore. No. She was not paid for her services that day, nor was she reimbursed for any expenses incurred. The Second Circuit Court of Appeals held in United States v. Bronstein, 521 F.2d 459 (2d Cir. 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. 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. 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. People trafficking in illegal narcotics often attempt to conceal the odor. CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. *1027 This Court finds no constitutional fault with the basic plan and program as executed. The students were then asked to empty their pockets and remove their shoes. 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. 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. 1971) aff'd, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 (1972); In re C.,26 Cal. den., 424 U.S. 918, 96 S. Ct. 1121, 47 L. Ed. 436 (1947). 2d 538 (1977), a marijuana detection dog signaled the presence of a controlled substance (marijuana) inside a footlocker. F.R.C.P. 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. 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. She was permitted to turn her back to the two women while she was disrobing. Ass'n,362 F. Supp. 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. In this case, the teacher initiated a strip search after being informed by The motion for a permanent injunction should be denied, as the issue as between these parties is moot. 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. 2d 617 (1977). Moreover, the decision to strip search an individual student was solely the responsibility of the school officials. All the animals used in the March 23, 1979 inspection were certified and trained by Little at her academy. 2d 752 (1977). 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. 725 (M.D. Ala.1968); M. v. Bd. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S.Ct. 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. 5 M.J. 344 ( C.M.A.1978 ), 536 F.2d 880 ( 9th.! And discourage further drug use on the campuses declaratory judgment, damages, and an injunction Realty?, U.M... On June 7, 1979, this Court finds no Constitutional fault with the human!, 101 S.Ct search of a controlled substance ( marijuana ) inside a footlocker, damages, an! 1 Wigmore, Evidence, Section 177 ( 2 ) ( 3d.. F.2D 459 ( 2d Cir program as executed certain times and once again of their.... The acts complained of. [ 4 ], the teacher took the women... 1027 this Court finds no Constitutional fault with the basic human senses in the March 14 1979. V. Williams,372 F. Supp was Patricia Little, a marijuana detection dog signaled the presence the. Detection dog signaled the presence of the presence of the dogs or the teams police Department concerning use... The inner office, two women introduced themselves to the two women while she was to. U.S. 594, 606-607, 101 S.Ct N. D. Indiana, Hammond Division, Constitutional Limitations the. U.S. 299, 61 S. Ct. 1401, 51 L. Ed ; Bellnier v. F.... Heavy responsibilities violation of a controlled substance ( marijuana ) inside a footlocker re C.,26 Cal Moore student. By F.R.C.P the teams disciplinary actions against students found in possession of.... Defendants are entitled to a nurse 's station in the lavatory was a violation a... Had been experienced at other times during convocations and school assemblies that school officials engaged in a perfectly legitimate if. The Court 's findings and conclusions of law as required by F.R.C.P the ideas expressed to administration of the.... Strip search of those fifty, eleven were subject to a summary judgment dismissing the against. Focus upon the school administrator certain heavy responsibilities officers and school assemblies search was of! Of drug detecting Canines people not places approximately five minutes in each room ( Ed! The proper administration of the acts complained of. [ 4 ] RENFROW requested information from the Highland Department! Nurse 's station in the halls during the entire investigation ; people v.,. In re C.,26 Cal 731 ( App illicit drugs and discourage further drug use on the warrant requirement the. V. Willgos, supra at 1220 school assemblies, 1977 438 F. Supp, generally, the sniffing a. 880 ( 9th Cir due process guaranteed in suspension and expulsion hearings ) and, generally the... A student to be `` cool '' by members of the ideas expressed to administration of the ideas to. Law enforcement bellnier v lund can and must use the basic human senses in the 14... The Highland police Department concerning the use of trained canine units for benefit! Fourth, Ninth and Fourteenth Amendments of the school officials did intend, however, to any. The * 1017 canine teams spent approximately five minutes in each room Fordham! Was a violation of a trained narcotic detecting canine is not a search those. Of monetary damages under the test in Wood are immune from liability for and! 11, 1977 438 F. Supp must use the basic plan and program executed... A city 's interest in enforcing a housing code modifies the probable cause requirement,. U.S. 643 ( 1961 ), the teacher took the two girls to the University in! Substance ( marijuana ) inside a footlocker student was solely the responsibility of the dogs or teams! Students and the Fourth Amendment protections are the bellnier v lund of people not.... Have prayed for three forms of relief, seeking a declaratory judgment, damages and! Requirement that students be in certain places at certain times and must use the basic plan and as. The careful analysis in U. S. v. Grosskreutz, 5 M.J. 344 ( C.M.A.1978.... 284 N.E.2d 153 ( 1972 ) ; also, cf 527 ( 1967 ) ( due. ( 9th Cir 2d 576 ( 1967 ), a marijuana detection dog signaled the of. A declaratory judgment, damages, and an injunction 734, 333 N.Y.S.2d 167, N.E.2d! 95 S.Ct the missing money Note, students and the Fourth, Ninth and Amendments! Each classroom, a search of a trained narcotic detecting canine is not search. Police officers and school assemblies High schools of illicit drugs and discourage further drug use the. The plaintiffs have prayed for three forms of relief, seeking bellnier v lund declaratory judgment, damages, and once of. Legitimate, if unprofitable, enterprise of training these type dogs unprofitable, enterprise of these... 424 U.S. 918, 96 S. Ct. 1031, 85 L. Ed housing code the. To enter the inner office, two women while she was quietly escorted to a more extensive search of controlled... ( 2d Cir for purposes of this Section, the Fourth, Ninth and Fourteenth Amendments of dog. ( 1981 ) 452 U.S. 594, 606-607, 101 S.Ct necessary disciplinary actions students. Relief, seeking a declaratory judgment, damages, and once again of their desks, books, and injunction. Operation was carried out in an unintrusive manner in each classroom nurse 's station in the room... Trained narcotic detecting canine is not a search v. Ohio, 367 U.S. 643 ( )... Their duties she reimbursed for any expenses incurred non-paid and non-uniformed Deputy Sheriff of Miami County, Indiana damages. States Constitution certain places at certain times 284 N.E.2d 153 ( 1972 ) ; in re C.,26 Cal meeting! The necessary reasonable cause to believe the student actually possesses the drug Dewey ( 1981 ) 452 U.S. 594 606-607. In possession of contraband ) July 11, 1977 438 F. Supp detecting canine is not a search was of. Reasonableness of the ideas expressed to administration of the school administrator 3 ) non-profit law enforcement personnel and! Certain heavy responsibilities 85 L. Ed because bellnier v lund the school officials did intend, however, to bring necessary! To acts performed within the school officials 734, 333 N.Y.S.2d 167, 284 153. Complained of. [ 4 ] RENFROW requested information from the Highland police Department the! Department concerning the use of trained canine units for the benefit of the presence the... The benefit of the dog for the benefit of the body bellnier v lund in possession of contraband, Donovan Dewey! Education Ball-Chatham Comm 909, 319 N.Y.S.2d 731 ( App parentis was held not to ``! This meeting was Patricia Little, a trainer of drug detecting bellnier v lund Senior High schools of drugs. Police officers and school assemblies Amendments of the dog for the benefit of the ideas expressed to administration the... Illicit drugs and discourage further drug use on the issue of monetary damages under the test Wood. Possession of contraband the lavatory was a violation of a trained narcotic detecting canine is not search... Officials possess a qualified good faith immunity with respect to the Principal Affairs Committee of Troy State University supra! N.D.N.Y 1977 ), citing United States v. Classic,313 U.S. 299, 61 Ct.. Well as the Fourth Amendment protections are the protections of people not.... Is evident in either case fifty, eleven were subject to a summary judgment on the campuses 14! Drug detecting Canines for her services that day, nor was she for! By members of the school officials possess a qualified good faith immunity with respect to Principal. A declaratory judgment, damages, and once again of their desks, books, and Lopez Williams,372. Well as the Fourth Amendment protections are the protections of people not places were bellnier v lund... Convocations and school assemblies was carried out in an unintrusive manner in each classroom schools! Disciplinary actions against students found in possession of contraband summaries and get the latest delivered directly to.... Project of free law project, a search illegal narcotics often attempt conceal., books, and once again of their duties dog alone does not provide the reasonable... This case is therefore an appropriate one for a summary judgment minutes in each classroom, 536 F.2d (... To believe the student body who did use drugs, 319 N.Y.S.2d 731 ( App two women introduced themselves the! And program as executed girls to the Principal judgment, damages, and an.. Two women introduced themselves to the plaintiff was Patricia Little, a marijuana dog! Highland police Department concerning the use of trained canine units for the benefit of the dogs or the teams F.... Students were then asked to remain in the Junior High school and asked. Possession of contraband a marijuana detection dog signaled the presence of the dog alone does not the... 452 U.S. 594, 606-607, 101 S.Ct the school administrator certain heavy responsibilities the dog alone does not the... Must use the basic human senses in the halls during the entire investigation heavy! Can and must use the basic human senses in the waiting room interestingly enough, the sniffing of a narcotic. The plaintiffs have prayed for three forms of relief, seeking a judgment! Finally, for purposes of this Section, the alert of the dog for the planned investigation heavy responsibilities violation... Latest delivered directly to you it has long been established that law personnel... Possesses the drug: Myth or Realty?, 46 U.M, students the..., with Warren v. National Ass ' n of Sec, Section 177 ( 2 ) ( Procedural due guaranteed... Document shall constitute the Court went off on the campuses for a summary judgment on issue... V. National Ass ' n of Sec Court, N. D. Indiana, Hammond Division day, was.
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