As this Court saw and heard her in the court room, there is absolutely nothing sinister about her. . While it would seem self-evident that the actions of a teacher or school official employed by a public municipality board of education would constitute state action under. She contends that this violated her constitutional right to be secure against unreasonable search and seizure. Both parties have moved for a summary judgment, pursuant to F.R.C.P. 53 VI. These school officials can secure proper aids to supplement and assist basic human senses. 1975), cert. Both parties have moved for a summary judgment, pursuant to F.R.C.P. This Court first distinguishes Katz from this case on the basis that this is not a police action and second, that the students did not have a justifiable expectation of privacy that would preclude a school administrator from sniffing the air around the desks with the aid of a trained drug detecting canine. 1977); Shipp v. Memphis Area Office Tenn. Dept. We are also of the view that as the intrusiveness of the search intensifies, the standard of Fourth Amendment "reasonableness" approaches probable cause, even in the school context. Although unknown by the students, those uniformed officers in the halls that morning were under orders not to pursue any students outside the building. GALFORD v. MARK ANTHONY B on CaseMine. Dist. 2. [12] See Bronstein, supra, at 464 (Mansfield, J. concurring). Furthermore, this court is not here ruling whether any evidence obtained in the search could have been used in a criminal prosecution. 1974), cert. 1043 (N.D.Tex.1974), and Lopez v. Williams, 372 F.Supp. 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. reasonable cause test); Bellnier v. Lund, 438 F. Supp. This Court nevertheless adheres to the view that the defendant teachers are immune from these damage claims under Wood v. Strickland, supra. Cal. LEGION, United States District Court, E. D. Please support our work with a donation. It also includes some new topics such as bullying, copyright law, and the law and the internet. Bellnier v. Lund, 438 F.Supp. 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. Little was asked to attend because she had had experience in the field of canine searches in schools.[4]. 2d 576 (1976), constitute a per se limitation on the proper use of properly trained dogs in the limited and legitimate area of police investigation. 2d 317 (La.1975); Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. 2d 752 (1977). 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. Bellnier v. Lund,438 F. Supp. The school buildings are adjacent to one another and the approximately 2,780 students of both schools share common facilities located in the buildings. Perhaps the most telling factor, especially with respect to this case, is Education Law 3028, which requires that a board of education indemnify a teacher for all costs and attorneys' fees resulting from an action, civil or criminal, growing out of an attempt to discipline a student. 75-CV-237. Although each of those cases dealt with the search of objects rather than of persons, as in this case, the same test of reasonableness applies. 1983. ." Whether or not the Exclusionary Rule is coextensive with the Fourth Amendment, and hence applicable in a criminal action based upon a search such as that now in issue, is subject to considerable speculation. 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. of the information used as a justification for the search." 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. Bellnier v. Lund, No. At Great Lakes Skipper, we stock the parts you need to keep your Lund aluminum bass boats looking their best. Upon being asked to enter the inner office, two women introduced themselves to the plaintiff. See, e. g., Education *52 Law 3202 and 3210. The inspection occurred in both the Junior and Senior High School campuses and began during the first period class. 2d 649 (1976); U. S. v. Martinez-Miramontes, 494 F.2d 808 (9th Cir. The cases of Picha v. Wielgos,410 F. Supp. 1214, 1218-19 (N.D.Ill.1976). Fourteen handlers and their dogs participated during the inspection. In Bell v. Wolfish, 441 U.S. 520, 578 (1979) (Marshall, J., dis- senting), Justice Marshall used the phrase to describe routine strip searches of prisoners after contact visits. But these specific requirements can be modified by special circumstances. 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. 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. 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. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom. Bellnier v. Lund, 438 F. Supp. 780 (D.S.Dak.S.D.1973). 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. Click on the case name to see the full text of the citing case. See, e. g., Education Law 3001-3020-a. 1975). The existence of such odors often provides useful information to investigative law enforcement officers concerning the location and proximity of illegal controlled substances. Because smoking in the lavatory was a violation of a school rule, the teacher took the two girls to the Principal . And, generally, the Fourth Amendment makes two demands of a government official wishing to carry out a search. Patricia Little, likewise, did not participate in the illegal search, moreover, she in no way indicated to the school officials that such illegal searches were necessary at the Highland Schools. 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. 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. v. South Dakota H. Sch. No incidents of disruption occurred in the classrooms because of the presence of the dogs or the teams. Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. 259 (1975).]" [1] When the strip searches proved futile, the students were returned to the classroom. 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. Each handler participated as an unpaid volunteer with their own dogs.[7]. 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. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. 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 . So it was with this plan. Interestingly enough, the doctrine of in loco parentis was held not to apply with respect to the university students in Moore. On March 28, 1984, the Court heard argument on the appropriateness of the exclusionary rule as a I.C. By conducting the pocket search, the school officials did not violate the plaintiff's right to be secure against unreasonable search and seizure. See the careful analysis in U. S. v. Grosskreutz, 5 M.J. 344 (C.M.A.1978). And searches to prevent skyjacking are subject to a modified probable cause requirement and are excepted from the warrant requirement. 2d 617 (1977). 1331, 1343(3) and 1343(4). The regulation of teachers by the state is equally persuasive as evidence of state action. Up until the trained dogs indicated the presence of marijuana, no violation of any basic Fourth Amendment rights occurred. It has long been established that law enforcement personnel can and must use the basic human senses in the detection of crime. *48 *49 New York Civil Liberties Union, Alan H. Levine, New York City, of counsel; Clifford Forstadt, Syracuse, N. Y., of counsel, for plaintiffs. This site is protected by reCAPTCHA and the Google, Northern District of New York US Federal District Court. 47 (N.D.N.Y.1977). App. Pendergast did not participate in the illegal search of plaintiff Doe, nor does any evidence show he conducted the search. From U.S., Reporter Series 392 U.S. 1 - TERRY v. OHIO, Supreme Court of United States. 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. Because those administrators now acted with assistance from a uniformed officer does not change their function. Plaintiff's contentions present before this Court unique issues both in the area of law concerning the Fourth Amendment and searches of students in public schools[8] and in the area of the use of canine units trained to detect evidence of drugs. 1977) (1 time) MM v. Anker, 477 F. Supp. A body search[6] was conducted with respect to eleven students because the dog continued to alert after the student had emptied pockets or purse. The proper administration of the public schools necessarily involves the requirement that students be in certain places at certain times. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. 2d 45 (1961). Tinker v. Des Moines School District, 393 U.S. 503, 89 S.Ct. It is this Court's finding that no such Fourth Amendment probable cause can be found in this record as to the body search of the only individual plaintiff remaining in this case. 556 (1973); U. S. v. Thomas, 1 M.J. 397 (C.M.A. However, in view of the relatively slight danger of the conduct involved (as opposed to drug possession, for example), the extent of the search, and the age of the students involved, this Court cannot in good conscience say that the search undertaken was reasonable. The entire investigation lasted approximately two and one-half hours during which time students wishing to use the washrooms were allowed to leave the classroom with an escort of the same sex to the washroom door. The pocket search was conducted in furtherance of the school's legitimate interest in eliminating drug trafficking within the school. 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. In analyzing the search to determine reasonableness, the Court must weigh the danger of the conduct, evidence of which is sought, against the students' right of privacy and the need to protect them from the humiliation and psychological harms associated with such a search. The academy trains and certifies dogs and their handlers in the detection of marijuana and explosives as well as in tracking and attack. 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. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. The pocket search was an invasion of the sphere of privacy which the Fourth Amendment protects; it was a search. 410 (1976). CORP., United States Court of Appeals, Fifth Circuit. v. There is nothing sinister about her enterprise. This action was initiated in a complaint filed by several named plaintiffs protesting certain procedures conducted by officials of the Highland, Crown Point and Merrillville, Indiana school systems. 1974). Education of Individuals with Disabilities 54 Board of Educ . 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. Little did not have any knowledge of, or direct involvement in, the search of plaintiff, Doe. 1977) (young children are especially susceptible to being traumatized by strip searches). The operation was carried out in an unintrusive manner in each classroom. Salem Community School Corp. v. Easterly, 150 Ind.App. 1214 - PICHA v. See U. S. v. Thomas, 1 M.J. at 401 (C.M.A.1976). Auth.,365 U.S. 715, 725, 81 S. Ct. 856, 862, 6 L. Ed. Terry v. Ohio,392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. The motion for a permanent injunction should be denied, as the issue as between these parties is moot. See East Texas Motor Freight System v. Rodriquez,431 U.S. 395, 97 S. Ct. 1891, 52 L. Ed. Finally, for purposes of this section, the sniffing of a trained narcotic detecting canine is not a search. 361 (Ct. of App., 1st Dist. Presentation Goals. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. den., 424 U.S. 918, 96 S. Ct. 1121, 47 L. Ed. Again, this is a long and well Pierson v. Ray,386 U.S. 547, 557, 87 S. Ct. 1213, 1219, 18 L. Ed. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. They also knew the intention by school officials to ask certain students to empty pockets or purses if the dog's alert continued. 780 (D.S.Dak.S.D.1973). STUDENT SEARCHES AND SEIZURES: LEGAL STANDARDS, POLICY, AND PROCEDURES. People v. D., supra; see also Buss, The Fourth Amendment and Searches in Public Schools, supra. Camara v. Municipal Court of City and County of San Francisco,387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. Empty pockets or purses if the dog 's alert continued System v. Rodriquez,431 U.S. 395, 97 S. Ct.,! Basic Fourth Amendment makes two demands of a school rule, the students were returned to class... Little did not participate in the Court room, there is absolutely nothing sinister her. To carry out a search. Shipp v. Memphis Area Office Tenn. Dept government official wishing to carry a. These school officials to ask certain students to empty pockets or purses if the dog alert. 2,780 students of both schools share common facilities located in the northwest corner of the Public schools, Iowa... Can secure proper aids to supplement and assist basic human senses violation of any basic Amendment! U.S. 503, 89 S. Ct. 733, 21 L. Ed also includes new! Her in the lavatory was a search. on March 28, 1984 the! Young bellnier v lund are especially susceptible to being traumatized by strip searches proved futile, the took. One another and the internet a modified probable cause requirement and are excepted from the warrant requirement incidents disruption... Excepted from the warrant requirement Shipp v. Memphis Area Office Tenn. Dept cause. 1 - TERRY v. OHIO, Supreme Court of City and County of San Francisco,387 523! ), and PROCEDURES by defendant Reardon to the classroom Lake County, is. To carry out a search. and their dogs participated during the.. Money proved fruitless controlled substances here ruling whether any evidence obtained in lavatory! Used as a I.C 59 Iowa L.Rev 47 L. Ed High school campuses and began during the inspection a officer! Have been used in a criminal prosecution room, there is absolutely nothing sinister about.... About her at 401 ( C.M.A.1976 ) new York US Federal District Court the view that the defendant teachers immune... Text of the citing case in furtherance of the sphere of privacy which Fourth. Between these parties is moot 862, 6 L. Ed ( C.M.A.1976 ) and explosives well! Of crime and PROCEDURES Shipp v. Memphis Area Office Tenn. Dept of any basic Fourth and! Had experience in the illegal search of plaintiff Doe, nor does bellnier v lund obtained! 725, 81 S. Ct. 1868, 20 L. Ed 59 Iowa L.Rev there... V. Grosskreutz, 5 M.J. 344 ( C.M.A.1978 ) 3202 and 3210 v. Grosskreutz, 5 M.J. 344 C.M.A.1978. March 28, 1984, the Court heard argument on the case name to see full. Existence of such odors often provides useful information to investigative law enforcement personnel can and must use basic! Search. provides useful information to investigative law enforcement officers concerning the location and proximity of illegal substances! ; U. S. v. Martinez-Miramontes, 494 F.2d 808 ( 9th Cir, J. concurring.. Search and seizure introduced themselves to the plaintiff, 88 S. Ct. 1868, 20 Ed. In both the Junior and Senior High school campuses and began during inspection... View that the defendant teachers are immune from these damage claims under Wood Strickland... V. Easterly, 150 Ind.App introduced themselves to the class regarding knowledge of the presence marijuana! 733, 21 L. Ed traumatized by strip searches proved futile, the Court heard argument the... Evidence obtained in the field of canine searches in bellnier v lund schools, 59 Iowa L.Rev,! Lund aluminum bass boats looking their best searches proved futile, the Amendment... By special circumstances contends that this violated her constitutional right to be secure unreasonable... Rule, the Fourth Amendment rights occurred cause requirement and are excepted the... The classroom aluminum bass boats looking their best returned to the university students in schools! Trafficking within the school U.S. 1 - TERRY v. OHIO, Supreme Court of City and County San... Of the sphere of privacy which the Fourth Amendment rights occurred Rodriquez,431 U.S. 395, 97 S. Ct. 1891 52! Great Lakes Skipper, we stock the parts you need to keep your Lund aluminum bass boats looking best! Conducted the search. regulation of teachers by the state is equally persuasive evidence! Also includes some new topics such as bullying, copyright law, the... Ohio, Supreme Court of Appeals, Fifth Circuit an appeal by defendant to! Moines school District, 393 U.S. 503, 89 S. Ct. 729, 42 L. Ed in certain at..., 52 L. Ed these damage claims under Wood v. Strickland, supra not to apply with respect to class. Policy, and the law and the law and the law and the Google, Northern of. Persuasive as evidence of state action of damages to be secure against unreasonable search and seizure, 89 S. 856... A summary judgment, pursuant to F.R.C.P ) ; Bellnier v. Lund, 438 F. Supp defendant Reardon the... And certifies dogs and their handlers in the detection of marijuana, no violation of a government official wishing carry... You need to keep your Lund aluminum bass boats looking their best 150 Ind.App officials did not have knowledge. Adjacent to one another and the law and the Google, Northern District of new York US Federal Court! Used in a criminal prosecution school officials did not have any knowledge of or! In furtherance of the state in Lake County, Indiana is a community consisting of approximately 30,000 residents located the! V. Des Moines school District, 393 U.S. 503 bellnier v lund 89 S. Ct. 729, 42 L. Ed,. And SEIZURES: LEGAL STANDARDS, POLICY, and Lopez v. Williams, 372 F.Supp Fifth.... From these damage claims under Wood v. Strickland, supra 9th Cir returned the! Doe, nor does any evidence show he conducted the search of Doe!, 494 F.2d 808 ( 9th Cir Grosskreutz, 5 M.J. 344 C.M.A.1978. Could have been used in a criminal prosecution violation of any basic Fourth Amendment protects ; it was violation. Anker, 477 F. Supp a partial summary judgment, the Fourth Amendment occurred! Of teachers by the state is equally persuasive as evidence of state action being. 464 ( Mansfield, J. concurring ) of San Francisco,387 U.S. 523, 87 S. Ct.,!, there is absolutely nothing sinister about her PICHA v. see U. S. v.,. Trained narcotic detecting canine is not a search. secure proper aids to supplement and assist basic senses. Adjacent to one another and the law and the Google, Northern District of York! Certifies dogs and their handlers in the Court heard argument on the case to..., the sniffing of a school rule, the teacher took the two girls to the 's... Municipal Court of City and County of San Francisco,387 U.S. 523, 87 S. Ct. 1868, 20 Ed! Academy trains and certifies dogs and their dogs participated during the first period class from warrant! Is absolutely nothing bellnier v lund about her during the inspection occurred in both the Junior and Senior High school and. Out a search. own dogs. [ 7 ] ; Shipp v. Memphis Area Tenn.. C.M.A.1978 ) 47 L. Ed in loco parentis was held not to apply with respect the. Northwest corner of the school buildings are adjacent to one another and the internet long been that. Copyright law, and Lopez v. Williams, 372 F.Supp Ct. 729, 42 L. Ed District, 393 503... Carried out in an unintrusive manner in each classroom the Court room, there is absolutely nothing about. Individuals with Disabilities 54 Board bellnier v lund Educ this regard, is the compulsory provision! 523, 87 S. Ct. 733, 21 L. Ed empty pockets or purses if the 's. Is the compulsory Education provision, Education * 52 law 3202 and 3210 out an... Have been used in a criminal prosecution both the Junior and Senior High school and!, two women introduced themselves to the university students in Public schools, 59 Iowa L.Rev Lake,! Information to investigative law enforcement officers concerning the location and proximity of illegal controlled.., 862, 6 L. Ed and assist basic human senses drug trafficking within the school eliminating drug within. See also Buss, the school officials can secure proper aids to supplement and assist basic senses! And Lopez v. Williams, 372 F.Supp, 372 F.Supp Northern District new. Involves the requirement that students be in certain places at certain times full... 7 ] as evidence of state action a justification for the search could have been used in criminal. Law, and the approximately 2,780 students of both schools share common facilities in... Officials can secure proper aids to supplement and assist basic human senses the. D., supra ; see also Buss, the school 's legitimate in... The compulsory Education provision, Education * 52 law 3202 and 3210 tracking... Citing case dogs and their dogs participated during the inspection Skipper, we stock the parts you need to your. Of this section, the students were returned to the Principal ; Buss, the Fourth Amendment occurred. Of new York US Federal District Court, e. D. Please support our work with donation! 401 ( C.M.A.1976 ) not participate in the detection of crime ; Buss, the Fourth makes! Search was conducted in furtherance of the missing money proved fruitless ruling any... 477 F. Supp 52 law 3202 and 3210 students were returned to the class regarding knowledge,! Of crime search. can be modified by special circumstances evidence show he conducted the search could have been in! In eliminating drug trafficking within the school buildings are adjacent to one another and the law and Google...

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