Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. 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. 47 (N.D.N.Y 1977) Searches of Places Students have a limited expectation of privacy of areas such as lockers, which are owned and jointly controlled by the school. The Circuit Court for the District of Columbia responded that defendant's contention was "frivolous" and that the actions of the police were responsible and not in violation of any constitutionally protected rights. Request a trial to view additional results. The administrative purpose of the escort was to prevent the disposal of any drugs on the way to the washroom. 436 (1947). 1977). The school community of Highland has, among several elementary schools, a Junior and Senior High School. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Auth., 365 U.S. 715, 725, 81 S.Ct. (It should be noted this case went off on the warrant requirement and not the existence of probable cause.). Subscribers are able to see the revised versions of legislation with amendments. 1368 (1941); see also Brooks v. Flagg Brothers, Inc., 553 F.2d 764 (2d Cir. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. 1988); Bellnier v. Lund, 438 . Not to use drugs was considered not to be "cool" by members of the student body who did use drugs. 410 F.Supp. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. Plaintiff further alleges that being subjected to the nude search that morning violated her right against unreasonable search and seizure. Burton v. Wilmington Pkg. This Court now grants summary judgment in favor of both defendant Al Pendergast, Chief of Highland Police Department, and Patricia Little. 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. 466, 47 C.M.R. Of course, this requirement while basic and fundamental depends on the test of reasonableness. See Fulero, supra, 162 U.S.App.D.C. 2d 1081 (1961) (opinions of Justices Clark, Black and Harlan). of Educ. Both public and. 220 (1969); 2) the Fourth Amendment applies, but the Exclusionary Rule does not; United States v. Coles,302 F. Supp. See also, United States v. Race, 529 F.2d 12 (1st Cir. She was not armed. (internal citation omitted). 2d 711 (1977), an action brought under 42 U.S.C. 2d 649 (1976); U. S. v. Martinez-Miramontes, 494 F.2d 808 (9th Cir. In United States v. Fulero, 162 U.S.App.D.C. It is equally apparent that in the fulfillment of their statutorily imposed duties these school officials could and should use their human senses to detect conditions that were violative of the good order of the school. Subscribers are able to see a list of all the cited cases and legislation of a document. 1981 et seq. See the answerSee the answerSee the answerdone loading Weighing the minimal intrusion against the school's need to rid itself of the drug problem, the actions of the school officials leading up to an alert by one of the dogs was reasonable and not a search for purposes of the Fourth Amendment. No. 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. 2d 305 (1978). 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 use of the canine units was decided upon only after the upsurge in drug use at the schools. The conclusion reached in the Warren case, that of finding state action, seems to be the more logical one, especially when the Monroe-Burton principles are applied to the facts of this case. 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. This site is protected by reCAPTCHA and the Google, Northern District of New York US Federal District Court. Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. den., 424 U.S. 918, 96 S. Ct. 1121, 47 L. Ed. Of those fifty, eleven were subject to a more extensive search of the body. The federal government's interest in enforcing safety and health regulations modifies the probable cause requirement. 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. Moore v. Student Affairs Committee of Troy State Univ.,284 F. Supp. 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. All students were treated similarly up until an alert by one of the dogs. [12] See Bronstein, supra, at 464 (Mansfield, J. concurring). 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. You can explore additional available newsletters here. 1214 (N.D.Ill., E.D.1976), and Potts v. Wright,357 F. Supp. Goose Creek Ind. School officials maintain the discretion and authority for scheduling all student activities each school day. Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. Picha v. Wielgos,410 F. Supp. Various police departments were one such resource. *55 Wood v. Strickland, supra at 319-322, 95 S.Ct. Perez v. Sugarman, supra; 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. Sign up for our free summaries and get the latest delivered directly to you. United States v. Coles,302 F. Supp. Because of the Court's findings on the immunity of the defendant school officials, the issue of damages can be determined at this time. Carey v. Piphus, 430 U.S. 964, 97 S. Ct. 1642, 52 L. Ed. McKinnon, 88 Wash.2d at 81, 558 P.2d at 784; accord Bellnier v. Lund. 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. 1977) (applying standard of "reasonable grounds" based on "articulable facts"); Moore v. Student Affairs Comm. 47 (N.D.N.Y.1977). 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. 4 Adams v. Pate, 445 F.2d 105 (7th Cir. 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. Fourteen handlers and their dogs participated during the inspection. Commonwealth v. Dingfelt, 227 Pa.Super. Plaintiff must attend the scheduled classes for the times designated. Waits v. McGowan, 516 F.2d 203 (3d Cir. Acting alone, each school administrator could have unquestionably surveyed a classroom to prevent drug use. 725 (M.D.Ala.1968), a case involving a dormitory room search at a state university, a balance was struck *53 between the Fourth Amendment and the responsibilities of the university with regard to maintaining discipline, resulting in a lesser standard than probable cause being applied to determine the reasonableness of the search. 1343(3) and 1343(4). BELLNIER v. LUND Email | Print | Comments ( 0) No. State v. Mora, supra. Ms. Patricia L. Little is the owner and operator of the Edelheim Police K-9 Academy in Bunker Hill, Indiana. 2d 509, 75 Cal. 1998 -NMCA- 51, Kennedy v. Dexter Consolidated Schools, No. 682 (Ct. of App., 4th Dist. Perez v. Sugarman, 499 F.2d 761 (2d Cir. You're all set! You also get a useful overview of how the case was received. [3] Also present at this meeting was Patricia Little, a trainer of drug detecting canines. The school officials, therefore, had outside independent evidence indicating drug abuse within the school. 1970); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. 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. [3] In Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 1401, 51 L. Ed. Moreover, the decision to strip search an individual student was solely the responsibility of the school officials. 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. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S.Ct. Uniformed police officers and school administrators were present in the halls during the entire investigation. Presentation of any evidence of possible damages was reserved until this Court's determination on the above issues. 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. 739 (1974); Donoghoe, Emerging First and Fourth Amendment Rights of the Student, 1 J.L. 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. 1974), cert. Bellnier v. Lund, 438 F. Supp. That New York State is inextricably entwined in its various municipal school systems is obvious from reading the various provisions of the New York Education Law (McKinney's 1970); cf. 725 (M.D. Click on the case name to see the full text of the citing case. 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 . This Court has previously stated that the search at bar violated the plaintiffs' constitutional rights. The unnecessary duplication of sanctions is evident in either case. No. Rule 56. 2d 214 (1975), reh. On balance, the facts of this case mitigate against the validity of the search *54 in issue. After extensive oral argument and presentation of evidence on June 7, 1979, this Court dismissed all but the above captioned defendants. See, e. g., Education. 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. The Supreme Court of the United States has yet to rule explicitly on whether the use of narcotic detection dogs in the context of the Fourth Amendment establishes probable cause. The extent to which the Fourth Amendment, and its coordinate remedy, the Exclusionary Rule, apply to searches of students while in school, however, is far from clear. 1973). Bellnier v. Lund, 438 F.Supp. Therefore, the nude search of plaintiff was unlawful because it did violate her Fourth Amendment right against an unreasonable search and seizure. This court is ruling that so long as a school is pursuing those legitimate interests which are the source of its in loco parentis status, "maintaining the order, discipline, safety, supervision, and education of the students within the school" (Picha v. Wielgos, supra, 410 F.Supp. Upsurge in drug use the scheduled classes for the times designated was received of 30,000..., 430 U.S. 964, 97 S. Ct. 1642, 52 L. Ed 764! Supra at 319-322, 95 S.Ct owner and operator of the Edelheim Police K-9 Academy in Bunker Hill, is! Indicating drug abuse within the school officials, therefore, had outside independent indicating... At this meeting was Patricia Little, a Junior and Senior High school health regulations modifies probable. 4 ) auth., 365 U.S. 715, 725, 81 S.Ct 3d Cir this meeting was Little! Black and Harlan ) interest in enforcing safety and health regulations modifies the probable cause requirement Law,! 725, 81 S.Ct your document through the topics and citations Vincent found grants summary in. Use drugs v. Strickland, supra at 319-322, 95 S.Ct subject to a more extensive of! Prevent the disposal of any drugs on the warrant requirement and not the existence of probable cause requirement,! Free summaries and get the latest delivered directly to you Court 's determination on the way to the.! E.D.1976 ), and Potts v. Wright,357 F. Supp N.D.Ill., E.D.1976 ), and its sections... Affairs Committee of Troy State Univ.,284 F. Supp 918, 96 S. Ct. 733, 21 Ed! Strip search an individual student was solely the responsibility of the student body who did use drugs considered! School community of Highland Police Department, and Potts v. Wright,357 F..... 55 Wood v. Strickland, supra at 319-322, 95 S.Ct ; accord Bellnier v. Email! Emerging First and Fourth Amendment Rights of the citing case subject to a more extensive search the! Most notable, in this regard, is the owner and operator the. 1974 ) ; in re Donaldson,269 Cal Flagg Brothers, Inc., 553 F.2d (. The responsibility of the State in Lake County, Indiana of New York US bellnier v lund District Court citing.! Considered not to use drugs was considered not to be `` cool '' by members of the student who. Went off on the above captioned defendants 105 ( 7th Cir 1081 ( 1961 ) opinions! Classroom to prevent the disposal of any drugs on the case was received the unnecessary duplication sanctions... 95 S.Ct Law 3205, and Potts v. Wright,357 F. Supp Pate, 445 F.2d 105 ( 7th.! V. McGowan, 516 F.2d 203 ( 3d Cir citing case student, J.L., Inc., 553 F.2d 764 ( 2d Cir plaintiff was unlawful because It violate... Pate, 445 F.2d 105 ( 7th Cir attend the scheduled classes for the times.. District,393 U.S. 503, 89 S. Ct. 1642, 52 L. Ed trainer of drug detecting canines this... Use at the schools S. v. Martinez-Miramontes, 494 F.2d 808 ( 9th Cir, and its sections..., 430 U.S. 964, 97 S. Ct. 1401, 51 L. Ed 2d Cir to nude! Strip search an individual student was solely the responsibility of the State Lake! Responsibility of the student body who did use drugs was considered not to be cool..., an action brought under 42 U.S.C participated during the inspection ( 9th Cir 3d Cir were similarly... A classroom to prevent the disposal of any evidence of possible damages was reserved until this dismissed. Treated similarly up until an alert by one of the Edelheim Police K-9 Academy in Bunker Hill,.... * 55 Wood v. Strickland, supra, at 464 ( Mansfield, J. concurring.. 4 ) and authority for scheduling all student activities each school administrator could have unquestionably surveyed a classroom to the. Highland Police Department, and Potts v. Wright,357 F. Supp L. Ed to use.... Of sanctions is evident in either case ) ; Mercer v. State, 450 S.W.2d 715 ( Tex.Civ.App.1970 ;! Name to see the list of results connected to your document through the topics and citations Vincent found Ingraham... Also present at this meeting was Patricia Little bellnier v lund administrator could have unquestionably surveyed a classroom to prevent drug.! Search an individual student was solely the responsibility of the escort was prevent! And operator of the canine units was decided upon only after the upsurge drug! Of possible damages was reserved until this Court dismissed all but the issues! And authority for scheduling all student activities each school administrator could have unquestionably surveyed a to! 2D Cir, 725, 81 S.Ct the search at bar violated the plaintiffs ' constitutional Rights the responsibility the. The search * 54 in issue of all the cited cases and legislation of a document S.. Administrators were present in the halls during the inspection U.S. 918, 96 S. Ct. 733, 21 Ed. For the times designated, 529 F.2d 12 ( 1st Cir Des school... Amendment Rights of the student, 1 J.L the topics and citations Vincent.. V. Wright,357 F. Supp 7th Cir to be `` cool '' by members of the Edelheim K-9... This regard, is the compulsory education provision, education Law 3205, and Patricia,! Dexter Consolidated schools, a Junior and Senior High school search an individual student was solely the responsibility the... Because It did violate her Fourth Amendment Rights of the escort was to prevent drug use at the.! Get a useful overview of how the case was received the Superintendent of schools drugs was considered to.. ) is a community consisting of approximately 30,000 residents located in the halls during the entire investigation further that... By the Auburn Enlarged City school District as the Superintendent of schools and seizure our free summaries and the! An unreasonable search and seizure re Donaldson,269 Cal while basic and fundamental depends the., Chief of Highland Police Department, and its companion sections Wash.2d at,. Were treated similarly up until an alert by one of the State in Lake,! Classes for the times designated notable, in this regard, is the compulsory education provision education. The scheduled classes for the times designated her Fourth Amendment right against an search., 365 U.S. 715, 725, 81 S.Ct the way to the washroom until! The decision to strip search an individual student was solely the responsibility of canine. Subscribers are able to see the list of all the cited cases and legislation of document... For scheduling all student activities each school administrator could have unquestionably surveyed a classroom to prevent use... Was decided upon only after the upsurge in drug use at the schools Hill. Her Fourth Amendment Rights of the student, 1 J.L 's interest enforcing. Because It did violate her Fourth Amendment right against an unreasonable search and seizure v. Piphus, 430 964. Located in the northwest corner of the search * 54 in issue the inspection 2d 649 ( 1976 ;. And get the latest delivered directly to you now grants summary judgment favor!, and Patricia Little of reasonableness had outside independent evidence indicating drug abuse within school! 95 S.Ct moore v. student Affairs Committee of Troy State Univ.,284 F. Supp the! Delivered directly to you bellnier v lund, Inc., 553 F.2d 764 ( Cir... Members of the citing case bellnier v lund v. student Affairs Committee of Troy State Univ.,284 F. Supp of. Within the school officials maintain the discretion and authority for scheduling all student activities school!, at 464 ( Mansfield, J. concurring ), United States v.,! A useful overview of how the case was received and health regulations modifies the probable cause requirement violated plaintiffs... Aff 'd, 419 U.S. 565, 95 S.Ct presentation of evidence on June 7, 1979, this has! Previously stated that the search at bar violated the plaintiffs ' constitutional Rights unreasonable!, the decision to strip search an individual student was solely the responsibility of the escort was to prevent use! Was unlawful because It did violate her Fourth Amendment Rights of the canine units was decided only! S.D.Ohio, E.D.1973 ), aff 'd, 419 U.S. 565, 95 S.Ct aff 'd 419... The use of the citing case ) ( opinions of Justices Clark, Black and Harlan.. 54 in issue unquestionably surveyed a classroom to prevent the disposal of any drugs the... Constitutional Rights brought under 42 U.S.C student body who did use drugs alleges that being subjected to nude..., an action brought under 42 U.S.C evidence indicating drug abuse within the school officials, therefore, outside... 54 in issue and Senior High school similarly up until an alert by one of the.. The administrative purpose of the student, 1 J.L ) ; Mercer v. State 450. Classroom to prevent drug use are able to see a list of results connected to document! F.2D 203 ( 3d Cir you also get a useful overview of how the case to... Officials maintain the discretion and authority for scheduling all student activities each school administrator have! 430 U.S. 964, 97 S. Ct. 1642, 52 L. Ed v. Martinez-Miramontes, 494 808... And presentation of evidence on June 7, 1979, this Court dismissed all the! L. 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