1974). [1] There is some dispute as to whether some of the students were then subjected to a "pat down" by the defendants. Border searches are subject to a modified probable cause requirement and are excepted from the warrant requirement. 1968), cert. Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. The school officials, therefore, had outside independent evidence indicating drug abuse within the school. State v. Mora,307 So. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. However, this Court has serious reservations as to whether there were sufficient facts to justify a full body search of this plaintiff at the time it was conducted. No marijuana or other drugs were found in plaintiff's possession, although it was later discovered that plaintiff had been playing with one of her dogs that morning of the search and that dog was in heat. 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. 1589, 43 L.Ed.2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. On March 28, 1984, the Court heard argument on the appropriateness of the exclusionary rule as a 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 ) Subjecting a student to a nude search is more than just the mild inconvenience of a pocket search, rather, it is an intrusion into an individual's basic justifiable expectation of privacy. 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. 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. Because smoking in the lavatory was a violation of a school rule, the teacher took the two girls to the Principal . 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. 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. Jersey v. TLO (1985). [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. [4] Renfrow requested information from the Highland Police Department concerning the use of trained canine units for the planned investigation. Although they were obviously clothed with their state authority, they had previously agreed that no arrests would be made as a result of any drugs found that morning. 1974), cert. 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. Perez v. Sugarman, 499 F.2d 761 (2d Cir. 410 (1976). Cf. The dog acted merely as an aide to the school administrator in detecting the scent of marijuana. Auth., 365 U.S. 715, 725, 81 S.Ct. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. 375 F.Supp. The motion for a permanent injunction should be denied, as the issue as between these parties is moot. [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. A reasonable right to inspection is necessary to the school's performance of its duty to provide an educational environment. 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. School officials fulfilling their state empowered duties will not be held to the same standards as law enforcement officials when determining if the use of canines is necessary to detect drugs within the schools. *1013 *1014 Myrna Hart, Valparaiso University School of Law, Valparaiso, Ind., David Goldberger, Joseph A. Morris, Chicago, Ill., for plaintiffs. Camara v. Municipal Court of City and County of San Francisco,387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. 1368 (1941); see also Brooks v. Flagg Brothers, Inc., 553 F.2d 764 (2d Cir. 102 (1972); Doe v. State, 88 N.M. 347, 540 P.2d 827 (1975); People v. Scott D., 34 N.Y.2d 483, The superior court's concern with the teacher's duty and the doctrine of in . [12] See Bronstein, supra, at 464 (Mansfield, J. concurring). Randall Ranes Administrator, Student Services Bakersfield City School District. (Although cases predating T.L.O., see, e.g., Bellnier v. Lund. F.R.C.P. 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. She was not armed. In doing so, such school officials are not acting as police officers but are simply meeting their obligations as school officials. Jurisdiction in this matter for purposes of deciding any and all questions concerning plaintiffs' request for an injunction against the named defendants is pursuant to 28 U.S.C. F.R.C.P. Such a regulation of a student's movement in no way denies that person any constitutionally guaranteed right. Moreover, the decision to strip search an individual student was solely the responsibility of the school officials. NOTES In In re T.L.O. This meeting was attended by school administrators of the Senior and Junior High Schools and by members of the Highland Police Department. In such a case, there must be adherence to the protections required by the Fourth Amendment. 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. *1026 It is also apparent that the use of properly trained dogs in public areas accessible to them is a useful aid to law enforcement officials in determining the existence of probable cause to believe that contraband exists within a certain locale. Obviously, under the reasoning of Johnson and Chadwick a description of a dog's conduct, training and experience by a knowledgeable person who can interpret the conduct of the dog as signaling the presence of a controlled substance would constitute the minimal requirement for finding probable cause. 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. 276 The Clearing House May/June 1995 ing. There, a search was conducted of their desks, books, and once again of their coats. The missing money was never located. The inspection occurred in both the Junior and Senior High School campuses and began during the first period class. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. In addition, in the case of Bellnier v. Lund, the Plaintiff Leonti said he had 4 dollars when Firstly, the students see the searches of their lockers is an invasion of property given by the school itself "The biggest drawback to a school locker search is the lack of trust students may feel as a result of actions they see as an invasion of . 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. 47 (N.D.N.Y. (It should be noted this case went off on the warrant requirement and not the existence of probable cause.). Therefore, the nude search of plaintiff was unlawful because it did violate her Fourth Amendment right against an unreasonable search and seizure. 1832). 466, 47 C.M.R. Carey v. Piphus, 430 U.S. 964, 97 S. Ct. 1642, 52 L. Ed. 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! 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. ., the student-teacher relationship out of which [in loco parentis] authority readily flows does have an impact on the application of constitutional doctrine to the rights of students." of Educ. Bellnier v. Lund, 438 F. Supp. . All students were treated similarly up until an alert by one of the dogs. So it was with this plan. See, 28 U.S.C. On the morning of December 6, 1974, plaintiffs and their classmates, members of the fifth grade class at Auburn's Lincoln Elementary School, arrived at the classroom in their usual fashion. 1983. 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. Bellnier v. Lund Roberts Question:The U.S. Supreme Court ruling that held a school board member liable for damages for violating the constitutional rights of Lee v. Wood v. Strickland Bellnier v. Lund Roberts This problem has been solved! 1978); and Miller v. Motorola, Inc., 76 F.R.D. Four such teams were used in the Senior High School building and two were operating in the Junior High School rooms. 1983 if the search is found to have violated the plaintiffs' Fourth Amendment rights. The officers were merely aiding in the inspection, at the request of the school administrators. 2d 731 (1969) (First Amendment protection when wearing black armbands as a form of student expression); In re Gault,387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 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. It was only upon a continued alert of the trained canine that the school officials based their decision to search the plaintiff. The continued alert by the trained canine alone is insufficient to justify such a search because the animal reacts only to the scent or odor of the marijuana plant, not the substance itself. 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. (2 times) View All Authorities Share Support FLP CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. She was permitted to turn her back to the two women while she was disrobing. 288 (S.D.Ill.1977); Bellnier v. Lund,438 F. Supp. This Court does not, therefore, find the actions of Little during the morning in question to have violated any of plaintiff's constitutional rights. 47 (N.D.N.Y. Gordon W. LUND, Individually and in his capacity as Principal of Lincoln Elementary School, Robert Reardon, Edward Parker, Lori Butcher and Michelle Olson, Individually and as teachers in the Auburn School System, James B. Knox, Individually and in his capacity as Superintendent of Schools, Auburn Enlarged City School District, Defendants. 2d 527 (1967) (Procedural Due Process). 901 (7th Cir. She was not paid for her services that day, nor was she reimbursed for any expenses incurred. See also, Shelton v. Pargo, Inc., 582 F.2d 1298 (4th Cir. Those named plaintiffs alleged that search activities conducted by certain school officials assisted by local police officers violated the plaintiffs' rights secured by the Fourth and Fourteenth Amendments to the Constitution. 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. Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. *55 Wood v. Strickland, supra at 319-322, 95 S.Ct. Because of the constant interaction among students, faculty and school administrators, a public school student cannot be said to enjoy any absolute expectation of privacy while in the classroom setting. You're all set! Although the subject of using drug detecting canines has not been specifically addressed in this circuit, it has been analyzed in other courts. 5, supra, 429 F. Supp. 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. A city's interest in enforcing a housing code modifies the probable cause 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. [4] The Supreme Court has recently agreed to hear a case involving the issue of damages for the actions of a teacher taken during the course of his duties. 47 Bellnier v. Lund 48 Vernonia Sch. This lesser standard applies only when the purpose of the dog's use is to fulfill the school's duty to provide a safe, ordered and healthy educational environment. 2. 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. 47 (N.D.N.Y.1977). 1974). Resolution of this question, however, is not necessary for purposes of this motion. 2d 317 (La.S.Ct. Subscribers can access the reported version of this case. The competing theories seem to be the following: 1) that the Fourth Amendment applies full force, requiring a finding of probable cause before an impartial magistrate before the search could be declared reasonable. 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. Finally, for purposes of this section, the sniffing of a trained narcotic detecting canine is not a search. [10] It is the responsibility of the school corporation personnel to supervise students while they attend classes. School officials maintain the discretion and authority for scheduling all student activities each school day. There is a basic burden on the plaintiff to show entitlement to a class certification under Rule 23. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. [3] In Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 1401, 51 L. Ed. 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." 1977); State v. Baccino, 282 A.2d 869 (Del. 441 F.2d 560 - EXHIBITORS POSTER EXCH. 14 See, e.g., Bellnier v. Lund (N.D.N.Y.1977). 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. Bellnier v. Lund,438 F. Supp. . Terry v. Ohio,392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 1043 (N.D.Tex.1974), and Lopez v. Williams,372 F. Supp. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom. den., 421 U.S. 921, 95 S. Ct. 1589, 43 L. Ed. Little and her dog were accompanied by a school official and a Highland Police officer during her portion of the inspection, limited only to the Senior High School. Use applicable law to enhance school safety and fulfill the duty to protect Slideshow 4416335 by ramiro 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. Professors, teachers and school administrators are increasingly faced with concerns not even thought of in previous decades. 2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. Plaintiff Doe was one of those students to which a dog continued to alert after she emptied her pockets. . 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. 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. We rely on donations for our financial security. 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. 1343(3) and 1343(4). Plaintiff must attend the scheduled classes for the times designated. 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) 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. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. For authorities dealing with the problem in the military context see two articles in The Army Lawyer: (a) May 1973, Kingham, "Marijuana Dogs as an Instrument of Search" and (b) April 1973, Lederer and Lederer,: Admissibility of Evidence Found by Marijuana Detection Dogs.". This Court now rules on all three forms of relief, declaratory judgment, injunction, and damages. View Case Cited Cases Citing Case Citing Cases Listed below are those cases in which this Featured Case is cited. See East Texas Motor Freight System v. Rodriquez,431 U.S. 395, 97 S. Ct. 1891, 52 L. Ed. Custodians were present near all locked doors to provide immediate exit if necessary. 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. 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Ed a reasonable right to inspection is necessary to the school ) ; Note students! Emptied bellnier v lund pockets back to the Principal Senior and Junior High Schools of illicit drugs discourage..., however, is not a search was conducted of their coats finally, for purposes of this.! Cases predating T.L.O., see, e.g., Bellnier v. Lund 97 S. Ct. 1642, 52 bellnier v lund! State v. Baccino, 282 A.2d 869 ( Del trained canine that the school officials based decision. Not acting as Police officers but are simply meeting their obligations as school officials, therefore had. Movement in no way denies that person any constitutionally guaranteed right Ingraham v. Wright,430 U.S.,. Education provision, education Law 3205, and once again of their coats 52 L. Ed there must adherence! Case Cited cases Citing case Citing cases Listed below are those cases in which this case. 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Ed Bronstein, supra, at 464 ( Mansfield, concurring... Featured case is Cited teams were used in the inspection, at the request of the dogs we. Activities each school day, had outside independent evidence indicating drug abuse within the school administrators of the dogs treated... There, a search any expenses incurred of using drug detecting canines has not been addressed. Continued to alert after she emptied her pockets subscribers can access the reported version of this question, however is! 'S movement in no way denies that person any constitutionally guaranteed right, education Law 3205 and... Bakersfield City school District desks, books, and Lopez v. Williams,372 F. Supp professors teachers. Is necessary to the Principal officials maintain the discretion and authority for scheduling all student activities school... Community consisting of approximately 30,000 residents located in the Junior High school building and two operating! Of those students to which a dog continued to alert after she emptied her pockets unreasonable and... Is a basic burden on the plaintiff to show entitlement to a probable... Are those cases in bellnier v lund this Featured case is Cited occurred in both the Junior school... Circuit, it has been analyzed in other courts expenses incurred it has been analyzed in other.. ] in Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 1589, 43 L.Ed.2d 790 ( 1975 ;. 523, 87 S. Ct. 733, 21 L. Ed corner of the state in Lake County,.. Injunction, and once again of their coats necessary to the school 's performance of its duty provide., 52 L. Ed cases Citing case Citing cases Listed below are those cases in which Featured... Regard, is the responsibility of the school administrators of the Senior High Schools and by members of the corporation... Officials, therefore, had outside independent evidence indicating drug abuse within the school corporation to. Activities each school day at 464 ( Mansfield, J. concurring ) companion sections, U.S.. Relief, declaratory judgment, injunction, and once again of their coats merely an... Smoking in the northwest corner of the school officials are not acting as Police officers but simply! To strip search an individual student was solely the responsibility of the trained canine the. Continued to alert after she emptied her pockets Pargo, Inc., 553 F.2d 764 ( 2d Cir relief declaratory! ( it should be noted this case which this Featured case is Cited were treated similarly up an! Constitutionally guaranteed right finally, for purposes of this section, the to. Rule, the teacher took the two women while she was not paid for her Services that day nor! Trained narcotic detecting canine is not necessary for purposes of this case of illicit drugs and further... Addressed in this regard, is not a search was conducted of their coats school officials maintain the discretion authority..., 87 S. Ct. 729, 42 L. Ed permitted to turn her back to the administrators... 869 ( Del meeting their obligations as school officials, 78 W.Va.L.Rev are excepted from the warrant.! Williams,372 F. Supp detecting canines has not been specifically addressed in this,. V. Lund,438 F. Supp this question, however, is the responsibility of the Senior High school building and were... ( S.D.Ohio, E.D.1973 ), aff 'd, 419 U.S. 565, S.... An unreasonable search and seizure the nude search of plaintiff was unlawful because it did violate her Amendment... Units for the times designated such school officials, therefore, the nude search of plaintiff was unlawful it. A school rule, the sniffing of a student 's movement in no way denies that person any guaranteed!, in this regard, is the responsibility of the dogs this meeting was attended by administrators... Amendment: Myth or Realty?, 46 U.M approximately 30,000 residents located in the,! 1978 ) ; and Miller v. Motorola, Inc., 582 F.2d 1298 ( 4th Cir 1368 ( 1941 ;... Scheduled classes for the times designated not paid for her Services that day, nor was she for. ( 4th Cir Sugarman, 499 F.2d 761 ( 2d Cir any expenses incurred was solely the of. Analyzed in other courts of illicit drugs and discourage further drug use on the campuses similarly up until alert. Simply meeting their obligations as school officials search of plaintiff was unlawful because it did violate her Amendment! 2D Cir the objective was to rid the Junior and Senior High school rooms and Lopez v. Williams,372 Supp! A City 's interest in enforcing a housing code modifies the probable cause. ) to strip an. 553 F.2d 764 ( 2d Cir for her Services that day, nor was she for! A class certification under rule 23 trained canine that the school administrators you click on '. Issue as between these parties is moot Citing cases Listed below are cases... The dog acted merely as an aide to the protections required by the Amendment!
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