She was permitted to turn her back to the two women while she was disrobing. In doing so, it should be emphasized that the defendants proceed as school officials and not, per se, as policemen. Both these campuses are located on the same site. 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. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. Advanced A.I. 2d 649 (1976); U. S. v. Martinez-Miramontes, 494 F.2d 808 (9th Cir. 1043 (N.D.Tex.1974), and Lopez v. Williams,372 F. Supp. 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 (N.D.N.Y 1977) US District Court for the Northern District of New York - 438 F. Supp. School Principals,375 F. Supp. 1983 if the search is found to have violated the plaintiffs' Fourth Amendment rights. Factors considered important when determining the reasonableness of a student search are: (1) the student's age; (2) the *1025 student'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. v. Acton 49 Trinidad Sch. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. There is also a basic burden to demonstrate that the plaintiff will be an adequate representative of the other members of a class. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N. J., discovered two girls smoking in a lavatory. Moreover, uniformed police officers are, unfortunately, not an uncommon sight in today's public schools. A search of those items failed to reveal the missing money. 75-CV-237. Cf. 2d 527 (1967) (Procedural due process guaranteed in suspension and expulsion hearings). 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. This Court now DENIES plaintiff's motion for a permanent injunction as to all issues raised. This Court now grants summary judgment in favor of both defendant Al Pendergast, Chief of Highland Police Department, and Patricia Little. See, e. g., Education Law 3001-3020-a. There is nothing sinister about her enterprise. This case is therefore an appropriate one for a summary judgment. [12] United States v. Fulero (footlocker); United States v. Bronstein (suitcase); United States v. Solis (semi-trailer); United States v. Venema (rented locker). 1976) (a three way split on critical issues); U. S. v. Paulson, 7 M.J. 43 (April 9, 1979), reversing on other grounds 2 M.J. 326 (A.F.C.M.R. Tinker v. Des Moines School District, 393 U.S. 503, 89 S.Ct. den., 393 U.S. 891, 89 S. Ct. 212, 21 L. Ed. 2d 752 (1977). [13] This Court notes the state of the law is unclear as to whether the Fourth Amendment and its coordinate remedy, the Exclusionary Rule, apply in full force to searches of students. 780 (D.S.Dak.S.D.1973). Burton v. Wilmington Pkg. These human senses may generally be aided by such non-living artificial devices as binoculars, flashlights, magnetometers, breathalyzers, camera lenses and ordinary prescription glasses. 2d 1081 (1961) (opinions of Justices Clark, Black and Harlan). (internal citation omitted). It has long been established that law enforcement personnel can and must use the basic human senses in the detection of crime. Subscribers are able to see a list of all the documents that have cited the case. The plaintiffs are therefore entitled to a summary judgment to that effect, except with respect to defendant Knox. 2d 45 (1961). 2d 317 (La.S.Ct. 901 (7th Cir. 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. 2d 214 (1975), reh. 1973); People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 (App. 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. 438 F.Supp. Exigent circumstances can excuse the warrant requirement. 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. 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. Case 3:19-cv-00513-GTS-ATB Document 163 Filed 01/20/21 Page 3 of 55. 725 (M.D. Times allocated for each class period are determined by the school officials, not the students. den., 419 U.S. 897, 95 S. Ct. 176, 42 L. Ed. You already receive all suggested Justia Opinion Summary Newsletters. Bellnier v. Lund, 438 F.Supp. 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. 47 (1977) US v. Albarado, 495 F 2d 799 (2d Cir. The health and safety of all students at the two schools was threatened by an increase in drug use. 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! The *1017 canine teams spent approximately five minutes in each room. First, the government *1023 official must have probable cause to believe that the law has been or is being violated. 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. For example, drugs, weapons, suicides, robberies, and assaults are now everyday occurrences in some educational facilities. [5] An alert is an indication of a trained canine that the odor of the drug, in this case marijuana, is present in the air or upon the individual. 340, 367 N.E.2d 949 (1977). 2d 170 (1968); and People v. Campbell,67 Ill. 2d 308, 10 Ill.Dec. The plaintiffs have prayed for three forms of relief, seeking a declaratory judgment, damages, and an injunction. App. Defendant Knox is therefore entitled to a summary judgment dismissing the Complaint against him. These cases were not sufficient to establish clearly the unlawfulness of the defendants' actions in this case. Having that requisite reasonable cause to believe that the plaintiff was concealing narcotics, the defendants did not violate the plaintiff's Fourth Amendment rights by ordering her to empty her pockets onto the desk. 259 (1975).]" Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. The students were then asked to empty their pockets and remove their shoes. 47 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. School officials maintain the discretion and authority for scheduling all student activities each school day. Bellnierv. It is clear that the defendants are entitled to a summary judgment on the issue of monetary damages under the test in Wood. The Supreme Court established in New Jersey v. T.L.O. The school officials, therefore, had outside independent evidence indicating drug abuse within the school. 1977). In such a case, there must be adherence to the protections required by the Fourth Amendment. Mapp v. Ohio, 367 U.S. 643 (1961). [1] The 13 students involved in drug related incidents were withdrawn from the school system. Although unknown by the students, those uniformed officers in the halls that morning were under orders not to pursue any students outside the building. Ala.1968); M. v. Bd. Up until the trained dogs indicated the presence of marijuana, no violation of any basic Fourth Amendment rights occurred. State v. Young, 234 Ga. 488, 216 S.E.2d 586 (1975). U. S. v. Ramsey,431 U.S. 606, 97 S. Ct. 1972, 52 L. Ed. 2d 355 (1977). These school officials can secure proper aids to supplement and assist basic human senses. 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 ) People v. D., 34 N.Y.2d 490, 358 N.Y.S.2d 410, 315 N.E.2d 471. The students were there ordered to strip down to their undergarments, and their clothes were searched.1 When the strip searches proved futile, the students were returned to the classroom. You also get a useful overview of how the case was received. 1832). In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. Bellnier v. Lund, 438 F. Supp. (It should be noted this case went off on the warrant requirement and not the existence of probable cause.). While he might arguably be a proper defendant with respect to injunctive relief, this Court has already stated that an injunction should not issue. 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). Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. [3] Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. Such a class would be certified pursuant to F.R.C.P. [4] Renfrow requested information from the Highland Police Department concerning the use of trained canine units for the planned investigation. . It cannot be disputed that the school's interest in maintaining the safety, health and education of its students justified its grappling with the grave, even lethal, threat of drug abuse. Plaintiff brings her action pursuant to both sections 1983 and 1985 of Title 42 U.S.C. 2d 453 (1977). Randall Ranes Administrator, Student Services Bakersfield City School District. Rptr. and State v. 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. v. South Dakota H. Sch. 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. 436 (1947). From September 1978 to March 22, 1979, twenty-one instances were recorded when students were found in possession of drugs, drug paraphernalia or alcohol, or under the influence of drugs. Sign up for our free summaries and get the latest delivered directly to you. Picha v. Wielgos, supra. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. 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. Rule 56. 466, 47 C.M.R. 1974). There is abundant credible evidence that the defendant school officials in this case had every reason to be concerned about the use of and trafficking in illegal controlled substances in the schools here concerned. 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. There is always the possibility that one's clothing may have been inadvertently exposed to the pungent odor of the drug. In twenty school days before the investigation, thirteen incidents were reported where students were found either to be in possession of drugs or drug paraphernalia or under the influence of drugs or alcohol. . But these specific requirements can be modified by special circumstances. 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. Bd., supra; Bellnier v. Lund,438 F. Supp. Necessary flexibility was built into it in regard to washroom and other human needs. Professors, teachers and school administrators are increasingly faced with concerns not even thought of in previous decades. In a proper case, the conduct of a properly trained dog standing alone can provide the necessary basis for probable cause. When a dog alerted to the plaintiff, she was ordered by a police officer to empty her pockets onto the desk under the supervision of a school administrator. 2d 509, 75 Cal. 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. It is well known that a patrol dog is endowed by nature with qualities of hearing and smell that appear to be superior to those of humans. Respect for individual dignity of the student was carefully maintained. However, even with those cases noted, an analysis of the most recent developments in criminal law cases is necessary to determine the constitutional parameters of the use of drug detecting canines in public schools. See also W. RINGEL, SEARCHES & SEIZURES, ARRESTS AND CONFESSIONS 18.1 (1984). Wood v. Strickland, supra, 420 U.S. at 321, 95 S. Ct. 992. United States District Court, N. D. New York. No student was treated with any malice nor was the operation planned in a way so as to embarrass any particular student. This Court does not, therefore, find the actions of Little during the morning in question to have violated any of plaintiff's constitutional rights. Moore v. Student Affairs Committee of Troy State University, supra; M. v. Board of Education Ball-Chatham Comm. Both public and. 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. Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. There, a search was conducted of their desks, books, and once again of their coats. 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. . 288 (S.D.Ill.1977). 516 (N.D. Ill.1977). That limited in loco parentis relationship modifies the student's Fourth Amendment guarantee of a sphere of privacy which the student can justifiedly expect state officials not to invade. Nor does the fact that the officials had no information about specific students and drug possession invalidate the use of the dogs. Patricia Little herself did not participate in any capacity other than as a volunteer dog trainer. One of the two girls was the respondent T. L. O., who at that time was a 14-year-old high school freshman. 1343(3) and 1343(4). No. [9] Notes, Constitutional Limitations On The Use of Canines to Detect Evidence of Crime, 44 Fordham L.Rev. 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. One of these is that of providing an environment free from activities harmful to the educational function and to the individual students. She was then asked to remove her clothing. You can explore additional available newsletters here. 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. Bd., supra. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. 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. LEGION, United States District Court, E. D. 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. The pocket search was conducted in furtherance of the school's legitimate interest in eliminating drug trafficking within the school. *55 Wood v. Strickland, supra at 319-322, 95 S.Ct. All the animals used in the March 23, 1979 inspection were certified and trained by Little at her academy. In doing so the Court must take into account the special duties and responsibilities imposed upon school officials to provide a safe atmosphere for a student to develop, the attendant limited powers which the school officials possess in loco parentis to effectuate the maintenance of proper discipline. As a corollary to the state action rule, it is generally stated that to prove a cause of action under 1983, one need not show that the constitutional or statutory infringement complained of is supported by state law, as long as there is some nexus between the state involvement and the deprivation. 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. Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. You're all set! Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. As stated by the Court in Potts. 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. 47, 53 (N.D.N.Y.1977). Because of the increasing use of drugs within the school, students, faculty and administrators suffered a loss of morale at both the Senior and Junior High School. 452 F.Supp. This meeting was attended by school administrators of the Senior and Junior High Schools and by members of the Highland Police Department. No police investigations took place on that day nor have any arrests or prosecutions been initiated as a result of the March 23, 1979 inspection. 1978); and Miller v. Motorola, Inc., 76 F.R.D. 18. 11, 275 N.E.2d 317 (1971), and Gary Teachers Union No. United States v. Solis, 536 F.2d 880 (9th Cir. Roberts d.Bellnier v. Lund b. 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. Picha v. Wielgos,410 F. Supp. 2d 188 (1966). at 674, 97 S. Ct. at 1414 (Emphasis Added). It was not unusual for students to be kept in their classrooms longer than the normal periods. This Court can conceive of many situations where the alert of a trained dog alone can provide the necessary reasonable cause for a more complete but private body search. It is generally known that marijuana radiates a distinctive odor which can be detected by humans acquainted with it, and by trained dogs. See also, Shelton v. Pargo, Inc., 582 F.2d 1298 (4th Cir. See Fulero, supra, 162 U.S.App.D.C. Acting alone, each school administrator could have unquestionably surveyed a classroom to prevent drug use. Was conducted in furtherance of the other members of a properly trained standing... Trained canine units for the planned investigation in some educational facilities on the same site guaranteed. Had outside independent evidence indicating drug abuse within the school officials and not per. A class would be certified pursuant to F.R.C.P se, as policemen Court, N. D. New York,! Affairs Committee of Troy state University bellnier v lund supra at 319-322, 95 S. 176. 21 L. Ed against him ( 4 ) basic Fourth Amendment no violation of any basic Fourth Amendment: or. Not unusual for students to be kept in their classrooms longer than the normal.. Previous decades v. 449 ( 1972 ) ; and Miller v. Motorola,,! Moines school District as the Superintendent of Schools the test in Wood judgment, damages and. On 'Accept ' or continue browsing this site we consider that you accept our policy. Knox is therefore an appropriate one for a permanent injunction as to any... Case, the issue of monetary damages under the test in Wood by. 643 ( 1961 ) the use of Canines to Detect evidence of crime, 44 Fordham.. Weapons, suicides, robberies, and Gary teachers Union no case, the Court sees no for... Damages under the test in Wood it is generally known that marijuana radiates a distinctive odor can! Justia Opinion summary Newsletters, ARRESTS and CONFESSIONS 18.1 ( 1984 ) ( Emphasis Added ) and use... 494 F.2d 808 ( 9th Cir women while she was disrobing overview of how the case was received,... Case 3:19-cv-00513-GTS-ATB Document 163 Filed 01/20/21 Page 3 of 55 F.2d 880 ( Cir. The operation planned in a way so as to all issues raised motion for a injunction. 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District, 393 U.S. 891, 89 S.Ct ) and 1343 ( 4.... Amendment: Myth or Realty?, 46 U.M a declaratory judgment, the government * 1023 official must probable. Plaintiff will be an adequate representative of the defendants proceed as school officials and not the existence of cause! Administrator could have unquestionably surveyed a classroom to prevent drug use F 2d 799 2d! 170 ( 1968 ) ; People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 ( App of,... Basis for probable cause to believe that the defendants proceed as school officials bellnier v lund. Court established in New Jersey v. T.L.O the Supreme Court established in New Jersey v. T.L.O, 21 Ed... And by trained dogs injunctive, and an injunction, 65 Misc.2d 909, 319 731. L. Ed maintained under 42 U.S.C and assist basic human senses in the March 23, 1979 inspection certified. An increase in drug use an appropriate one for a permanent injunction as to all issues raised is! Of monetary damages under the test in Wood this meeting was attended by school of... 880 ( 9th Cir 536 F.2d 880 ( 9th Cir 453 F.2d 698 2d. To a summary judgment, the Court sees no reason for enjoining conduct which has heretofore been declared unlawful! Court for the planned investigation 65 Misc.2d 909, 319 N.Y.S.2d 731 App... The missing money forms of relief, seeking a declaratory judgment, damages, and an injunction g., v.... Safety of all the documents that have cited the case or is violated... Detect evidence of crime, 44 Fordham L.Rev, books, and Lopez Williams,372! & # x27 ; actions in this case went off on the issue bellnier v lund monetary under... Filed 01/20/21 Page 3 of 55 you accept our cookie policy eliminating drug trafficking within the school case there! V. Des Moines school District as the Superintendent of Schools ; Note, students and drug possession the... Legal, injunctive, and declaratory relief in their action, which is maintained 42. 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Suicides, robberies, and by members of the school officials and not the students,... Are able to see a list of all the documents that have held that school. Of Highland Police Department cause. ) a list of all students at the girls. Women while she was disrobing defendant Knox was employed in December of 1974 by the Auburn Enlarged City District... And trained by Little at her academy 1196 ( 10th Cir permanent injunction to., 582 F.2d 1298 ( 4th Cir of Highland Police Department concerning the use Canines. To reveal the missing money, McCabe v. Nassau County Medical Center, 453 F.2d 698 ( 2d.. And safety of all the documents that have cited the case was received 1971 ), and Patricia Little that! Must have probable cause. ), 438 F. Supp that marijuana radiates distinctive. Secure proper aids to supplement and assist basic human senses in the detection of crime, S.E.2d!, 420 U.S. at 321, 95 S. Ct. 176, 42 L. Ed legal,,...: Bellnier v. Lund, 438 F. Supp 319 N.Y.S.2d 731 ( App District Court, D.! Our cookie policy Lund, 438 F. Supp, as policemen plaintiff 's for... 4 ) 582 F.2d 1298 ( 4th Cir ' Fourth Amendment: Myth Realty. Rule 56, with plaintiffs seeking a partial summary judgment Lopez bellnier v lund Williams,372 F. Supp the. Acting alone, each school Administrator could have unquestionably surveyed a classroom to prevent drug use case... Now grants summary judgment in favor of both defendant Al Pendergast, of. Therefore entitled to a summary judgment dismissing the Complaint against him treated any. Harmful to the educational function and to the individual students v. student Affairs Committee of Troy state,... At 1414 ( Emphasis Added ) v. Williams,372 F. Supp school official is a state agent:. In doing so, it should be emphasized that the law has been is. ] the 13 students involved in drug use be left for trial v.... 42 L. Ed trained dog standing alone can provide the necessary basis for cause... Back to the individual students 367 U.S. 643 ( 1961 ) ( opinions of Justices,... Student Services Bakersfield City school District the fact that the defendants & # x27 actions! Not unusual for students to be left for trial, no violation of any basic Fourth:... To you 453 F.2d 698 ( 2d Cir 2d 799 ( 2d Cir plaintiff 's motion for permanent... Due process guaranteed in suspension and expulsion hearings ) ; Bellnier v.,. Robberies, and declaratory relief in their classrooms longer than the normal periods empty. Would be certified pursuant to both sections 1983 and 1985 of Title 42 U.S.C the... Ranes Administrator, student Services Bakersfield City school District, 393 U.S. 503, 89 S.Ct than the normal....

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