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. 837 (E.D.N.Y 1979) (1 time) View All Authorities Share Support FLP . 1986); Flores v. Meese, 681 F. Supp. CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. She was not paid for her services that day, nor was she reimbursed for any expenses incurred. . Pierson v. Ray,386 U.S. 547, 557, 87 S. Ct. 1213, 1219, 18 L. Ed. 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. 28 U.S.C. Because those administrators now acted with assistance from a uniformed officer does not change their function. 1977). 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. Ms. Little with her vast experience in the training of dogs was another resource. Professors, teachers and school administrators are increasingly faced with concerns not even thought of in previous decades. [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. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. Cal. 665 - FLORES v. MEESE, United States District Court, C.D. The school community of Highland has, among several elementary schools, a Junior and Senior High School. For example, twelve students killed by students in the Columbine High School shooting; Twenty students killed in the Sandy Hook shooting. 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. She was permitted to turn her back to the two women while she was disrobing. Cf. Bellnier v. Lund, 438 F. Supp. John P. McQuillan, Gary, Ind., Rhett L. Tauber, Merrillville, Ind., Leon R. Kaminski, Edward L. Volk, LaPorte, Ind., Charles H. Criss, Peru, Ind., David E. Mears, Charles L. Zandstra, Highland, Ind., Jerome H. Torshen, Stephen C. Leckar, Chicago, Ill., for defendants. 47, 53 (N.D.N.Y.1977). 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. Perez v. Sugarman, 499 F.2d 761 (2d Cir. Subscribers are able to see any amendments made to the case. at 206, 498 F.2d at 748; Bronstein, supra, at 460; Solis, supra, at 881; Venema, supra, at 1004, 1005. Additionally, two students were suspended by the administration because they were found to be in possession of drug paraphernalia. Compare Wooley v. Maynard,430 U.S. 705, 97 S. Ct. 1428, 51 L. Ed. People trafficking in illegal narcotics often attempt to conceal the odor. [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. Perez v. Sugarman, 499 F.2d 761 (2d Cir. 725 (M.D. (internal citation omitted). View Case; Cited Cases; Citing Case ; Cited Cases . 375 F.Supp. See also, United States v. Race, 529 F.2d 12 (1st Cir. United States v. Skipwith, 482 F.2d 1272 (5th Cir. 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. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. This case is therefore an appropriate one for a summary judgment. Cf. Nor does the fact that the officials had no information about specific students and drug possession invalidate the use of the dogs. (It should be noted this case went off on the warrant requirement and not the existence of probable cause.). Both were escorted to the principal's office where the student denied smok-275. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. 47 Bellnier v. Lund 48 Vernonia Sch. Students are made to change this routine every year, if not every semester. 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. The cases of Picha v. Wielgos,410 F. Supp. Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. These human senses may generally be aided by such non-living artificial devices as binoculars, flashlights, magnetometers, breathalyzers, camera lenses and ordinary prescription glasses. This Court has previously stated that the search at bar violated the plaintiffs' constitutional rights. No incidents of disruption occurred in the classrooms because of the presence of the dogs or the teams. CORP., United States Court of Appeals, Fifth Circuit. State v. Young, 234 Ga. 488, 216 S.E.2d 586 (1975). Plaintiff further alleges that being subjected to the nude search that morning violated her right against unreasonable search and seizure. As was stated by the Court in Wood. was granted in October of 1983. In such a case, there must be adherence to the protections required by the Fourth Amendment. Fourteen handlers and their dogs participated during the inspection. 2201. 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. Brooks v. Flagg Brothers, Inc., supra. 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. There is always the possibility that one's clothing may have been inadvertently exposed to the pungent odor of the drug. A search of those items failed to reveal the missing money. 466, 47 C.M.R. 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. F.R.C.P. The presence of the canine team for several minutes was a minimal intrusion at best and not so serious as to invoke the protections of the Fourth Amendment. And, generally, the Fourth Amendment makes two demands of a government official wishing to carry out a search. Several hundred parents or patrons of the Highland School System were permitted to intervene as party defendants. A city's interest in enforcing a housing code modifies the probable cause requirement. Movement from class to class entails intrusions upon the students' freedoms. No. Both public and. To be sure, the question may be close when the situation is frozen as of the time the search took place. In support of his motion, he has submitted an affidavit in which he states that he had no prior knowledge of, nor participation in, the search in issue. 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. For example in Bellnier v. Lund, 438 F.Supp.47 (N.D.N.Y. They often accompany police officers on night patrol in detection through sound and scent of would-be criminals lurking in the dark or moving in stealth. 259 (1975). Free shipping for many products! Subscribers are able to see a list of all the documents that have cited the case. People v. Scott D., 34 N.Y.2d 483, 315 N.E.2d 466, 358 N.Y.S.2d 403 (1974); State v. McKinnon,88 Wash. 2d 75, 558 P.2d 781 (1977); People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 (App.Term, 1st Dept.1971), aff'd, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 (1972). 741-742; see also Mapp v. Ohio,367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. People v. D., supra; see also Buss, The Fourth Amendment and Searches in Public Schools, supra. 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. Both parties have moved for a summary judgment, pursuant to F.R.C.P. 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. Ala.1968); M. v. Bd. 220 (1969); 2) the Fourth Amendment applies, but the Exclusionary Rule does not; United States v. Coles,302 F. Supp. Respect for individual dignity of the student was carefully maintained. School officials maintain the discretion and authority for scheduling all student activities each school day. 2d 433 (1979). That this was the basis for finding state action is clear from a portion of the Court's opinion wherein it was stated that liability exists "at least where school authorities, acting under color of state law, deliberately decide to punish a child for misconduct by restraining the child and inflicting appreciable physical pain . In U. S. v. Chadwick,433 U.S. 1, 97 S. Ct. 2476, 53 L. Ed. [8] Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. 2d 752 (1977). This Court finds for the reasons stated below that entry by the school officials into each classroom for five minutes was not a search contemplated by the Fourth Amendment but, rather, was a justified action taken in accordance with the in loco parentis doctrine. 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. 1981 et seq. 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. Dist. In United States v. Fulero, 162 U.S.App.D.C. The Second Circuit Court of Appeals held in United States v. Bronstein, 521 F.2d 459 (2d Cir. Here, as in Johnson, the court went off on the warrant requirement of the Fourth Amendment. 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. 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. Plaintiff was asked if she had ever used marijuana to which she answered she had not. 1975). United States District Court, N. D. Indiana, Hammond Division. And searches to prevent skyjacking are subject to a modified probable cause requirement and are excepted from the warrant requirement. 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. You already receive all suggested Justia Opinion Summary Newsletters. 1972); In re G. C., 121 N.J.Super. 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. 75-CV-237. Moreover, the presence of the dog and its trainer within the classroom, also at the request and supervision of the school officials, was only an aide to that official's observation of students. Both parties have moved for a summary judgment, pursuant to F.R.C.P. 1975). Bd., supra. At issue in this law suit is the constitutional propriety of an investigation conducted by administrators of the Highland school system assisted by local police officers at the Junior and Senior High Schools in Highland, Indiana. 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. Additionally, there was evidence from some students of refusal to speak out against those students using drugs for fear of reprisals. 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. 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. No fault is found with requiring a student to empty clothing pockets and/or purses upon the alert of a properly trained dog conducted by a properly trained person. 901 (7th Cir. Security, 581 F.2d 1167 (6th Cir. In this case, the teacher initiated a strip search after being informed by 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. There are few federal cases dealing with the subject of student strip searches, and unfortunately those cases are all distinguishable from that at bar. [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. *55 Wood v. Strickland, supra at 319-322, 95 S.Ct. (Bellnier v. Lund (N.D.N.Y.1977), Donovan v. Dewey (1981) 452 U.S. 594, 606-607, 101 S.Ct. 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. Dist. 739 (1974); see, e. g., Tinker v. Des Moines School District, supra (First Amendment), and In re Gault,387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. See also, Shelton v. Pargo, Inc., 582 F.2d 1298 (4th Cir. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. This is true because the defendants are no longer in a position of authority with respect to plaintiffs to carry out another search of the kind now complained of. [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. Furthermore, the presence of the uniformed police officer in the room, at the request of the school official and with the agreement that no arrests would occur as a result of finding any drugs upon students, did not alter the basic function of the school official's activities. Monroe v. Pape,365 U.S. 167, 81 S. Ct. 473, 5 L. Ed. 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. 1977); State v. Baccino, 282 A.2d 869 (Del. The inspection occurred in both the Junior and Senior High School campuses and began during the first period class. The unnecessary duplication of sanctions is evident in either case. Use of the dogs to detect where those drugs were located was not unreasonable under the circumstances. [1] The 13 students involved in drug related incidents were withdrawn from the school system. United States v. Chapman , 927 F.2d 601 ( 1991 ) Court of Appeals for the Fifth Circuit | Thursday, February 21, 1991 | Cited 0 times; United States v. Torres ( 2009 ) Court of Appeals for the Fifth Circuit | Tuesday, October 6, 2009 | Cited 1 times; Norris v. National Union Fire Insurance Co. ( 2001 ) Rptr. 2251. Picha v. Wielgos, supra. She was then asked to remove her clothing. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom. 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. See East Texas Motor Freight System v. Rodriquez,431 U.S. 395, 97 S. Ct. 1891, 52 L. Ed. App. Bellnier v. Lund, 438 F. Supp. See U. S. v. Unrue, 22 U.S.C.M.A. 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) 1974). The dog handler interpreted the actions of the dog for the benefit of the school administrator. 1970); In re G.,11 Cal. Get free access to the complete judgment in STATE EX REL. Business seller information All the animals used in the March 23, 1979 inspection were certified and trained by Little at her academy. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. The Supreme Court established in New Jersey v. T.L.O. It was not unusual for students to be kept in their classrooms longer than the normal periods. In making such an analysis, some factors which warrant consideration are: 1) the child's age; 2) the child's history and record in school; 3) the seriousness and prevalence of the problem to which the search is directed; and 4) the exigency requiring an immediate warrantless search. 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. Spence v. Staras, 507 F.2d 554 (7th Cir. The Katz Court held that police action which intrudes upon and invades an individual's justifiable expectation of privacy constitutes a search within the meaning of the Fourth Amendment. 739 (1974); 2) the Fourth Amendment does not apply because of the doctrine in loco parentis which clothed the school officials with immunity as a "private citizen." 47 (1977) US v. Albarado, 495 F 2d 799 (2d Cir. Find many great new & used options and get the best deals for Law and American Education : A Case Brief Approach by Karen Palestini Falk and Robert Palestini (2012, Hardcover, Revised edition) at the best online prices at eBay! This is not to indicate that one attending public schools sheds his or her constitutional rights upon entering the school house doors; such is obviously not the case. Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. Unit School Dist. No student was treated with any malice nor was the operation planned in a way so as to embarrass any particular student. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. This case is therefore an appropriate one for a summary judgment. Those members of the proposed class are not so numerous so as to make joinder of them as parties impracticable. , generally, the Fourth Amendment must be adherence to the pungent odor of the drug Bronstein. By the Fourth Amendment and searches to prevent skyjacking are subject to a modified probable cause requirement a! Students are made to change this routine every year, if not every semester of students in the of. Ever used marijuana to which she answered she had not with the searches! Requirement and not the existence of probable cause requirement and are excepted from the school administrator U.S. 167, S.! Possession of drug paraphernalia 234 Ga. 488, 216 S.E.2d 586 ( 1975 ) was operation. 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