Dogs have long been used in police work. at 674, 97 S. Ct. at 1414 (Emphasis Added). GALFORD v. MARK ANTHONY B on CaseMine. See U. S. v. Middleton, 3 M.J. 425 (C.M.A.1977). 75-CV-237. There is a heavy if not total carryover of the ideas expressed to administration of the public schools. United States District Court, N. D. New York. Picha v. Wielgos,410 F. Supp. 1968), cert. The presence of the canine team for several minutes was a minimal intrusion at best and not so serious as to invoke the protections of the Fourth Amendment. 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. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. Bellnier v. Lund, 438 F. Supp. 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. 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. In Lopez, suspension of students by a principal was found to constitute state action where the procedures used and challenged on Due Process grounds were expressly provided for in the Ohio Constitution, and state statutes and corresponding regulations. A canine team visited each classroom in both the Junior and Senior High School buildings. 1983,2 inasmuch as there is no allegation of racial or other class-based invidiously discriminatory animus behind the defendant conspirators' actions, nor is there alleged the existence of a conspiracy, both of which are required in order to state a cause of action under 42 U.S.C. . 665, 667 (C.D.Cal.1988); Bellnier v. Lund, 438 F.Supp. John P. McQuillan, Gary, Ind., Rhett L. Tauber, Merrillville, Ind., Leon R. Kaminski, Edward L. Volk, LaPorte, Ind., Charles H. Criss, Peru, Ind., David E. Mears, Charles L. Zandstra, Highland, Ind., Jerome H. Torshen, Stephen C. Leckar, Chicago, Ill., for defendants. Again, this is a long and well 23(b) (2). The students were then asked to empty their pockets and remove their shoes. 375 F.Supp. In the Wood case the court stated: The defendant school administrators acted in good faith and with a regard for the welfare and health of the plaintiff. 1970); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. 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. 1977). Sch. No. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. 3d 777, 105 Cal. 2d 317 (La.S.Ct. There can be no doubt that, as the plaintiffs state, the notion that an infant student sheds all of his constitutional rights when he enters the school house door is steadily being dispelled by the courts. 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. 681 F.Supp. 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 . Plaintiff, as well as other students, is subject to the daily routine of class attendance in an educational environment. 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. 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. 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. No fault is found with requiring students to remain in their seats without notice and with their hands on their desks for short periods of time. 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. 4:1 . As stated by the Court in Potts. A careful reading shows that the Supreme Court did specifically hold that there must be a link between the particular item sought and a suspected infraction, New Jersey v. T. L. 0., 469 U. S. at 345. The operation was carried out in an unintrusive manner in each classroom. The plaintiff has prayed for two forms of relief in the present action and has reserved on the prayer for damages. 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. [8] Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. 2d 453 (1977). These areas may be searched on a school-wide or individual basis when the school determines there is cause to conduct such a search. Listed below are the cases that are cited in this Featured Case. Bellnier v. Lund, No. Neither does the same constitute a per se violation of the Fourth Amendment. Presentation Goals. 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. 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. Bellnierv. It also includes some new topics such as bullying, copyright law, and the law and the internet. The objective was to rid the Junior and Senior High Schools of illicit drugs and discourage further drug use on the campuses. 52. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. Various police departments were one such resource. Ala. 1968) (applying "reasonable cause to believe" stan- dard). Bellnier v. Lund, 438 F. Supp. Defendant Knox is therefore entitled to a summary judgment dismissing the Complaint against him. One case may point the direction. 2d 617 (1977). The General School Powers Act of the State of Indiana, I.C. 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. 99 (D.Me., N.D.1969); State v. Wingerd, 40 Ohio App.2d 236, 318 N.E.2d 866 (1974) (dictum); State v. Mora,307 So. Marshall v. Barlow's, Inc.,436 U.S. 307, 98 S. Ct. 1816, 56 L. Ed. Wood v. Strickland, supra, 420 U.S. at 321, 95 S. Ct. 992. Because smoking in the lavatory was a violation of a school rule, the teacher took the two girls to the Principal . 1983 if the search is found to have violated the plaintiffs' Fourth Amendment rights. Testimony at trial indicated the students used several types of drugs including alcohol, marijuana, and PCP, an animal tranquilizer. Super. 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. 1940). Dist. 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. and State v. As was appropriately noted by the New York Court of Appeals in a unanimous opinion. Both public and. U. S. v. Ramsey,431 U.S. 606, 97 S. Ct. 1972, 52 L. Ed. But these specific requirements can be modified by special circumstances. The Court is not unmindful of the dilemma which confronts school officials in a situation such as this. 2d 214 (1975), reh. Unit School Dist. Use applicable law to enhance school safety and fulfill the duty to protect Slideshow 4416335 by ramiro [3] Also present at this meeting was Patricia Little, a trainer of drug detecting canines. A search of those items failed to reveal the missing money. [2] "Every person who, under color of any statute, ordinance regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceedings for redress" 42 U.S.C. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Although she wore a jacket with her academy's patch sewn on the sleeve and an American flag patch attached to the other sleeve, she did not wear the uniform of any law enforcement agency. 665, 667 (C.D. She contacted the various dog handlers in regard to their availability for the inspection informing them of the time and place. 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 . 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. [1] Also, during this four week period, school administrators received daily reports from faculty, students and parents concerning the use of drugs within the Junior and Senior High Schools. dents. The outer garments hanging in the coatroom were searched initially. See also State v. Baccino, supra. Searches of Places The academy trains and certifies dogs and their handlers in the detection of marijuana and explosives as well as in tracking and attack. 1214 (N.D.Ill., E.D.1976), and Potts v. Wright,357 F. Supp. The dog's conduct constituted evidence that caused the court to observe that "Even on the record the issuance of a warrant by a judicial officer was reasonably predictable. [10] It is the responsibility of the school corporation personnel to supervise students while they attend classes. 1331, 1343(3) and 1343(4). One year later, the Ninth Circuit Court of Appeals also held that the use of marijuana-sniffing dogs to sniff the air around a parked semi-trailer was reasonable and therefore not a prohibited search under the Fourth Amendment. Ala.1968). [7] Plaintiff emphasizes the occupations of the volunteer dog handlers used in this investigation as being predominately law enforcement employees. Four such teams were used in the Senior High School building and two were operating in the Junior High School rooms. These school officials can secure proper aids to supplement and assist basic human senses. 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. This Court must focus upon the reasonableness of the search to determine its constitutionality. Pregnancy, Parenthood & Marriage 53 VII. In a proper case, the conduct of a properly trained dog standing alone can provide the necessary basis for probable cause. Necessary flexibility was built into it in regard to washroom and other human needs. Those members of the proposed class are not so numerous so as to make joinder of them as parties impracticable. During an eight hour day, students must move from room to room, attending classes designated by the administration and taught by teachers hired by the school system. Adams v. Pate, 445 F.2d 105 (7th Cir. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. 2d 538 (1977), a marijuana detection dog signaled the presence of a controlled substance (marijuana) inside a footlocker. Perez v. Sugarman, 499 F.2d 761 (2d Cir. Renfrow was not present. Terry v. Ohio,392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. You can explore additional available newsletters here. 1988); Bellnier v. Lund, 438 . Plaintiff must attend the scheduled classes for the times designated. Bd., supra; Bellnier v. Lund,438 F. Supp. 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. 1832). 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. In Lopez, suspension of students by a principal was found to constitute state action where the procedures used and challenged on Due Process grounds were expressly provided for in the Ohio Constitution, and state statutes and corresponding regulations. Fifty students were alerted to by the drug detecting canines on the morning in question. In United States v. Fulero, 162 U.S.App.D.C. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. 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. 47 (N.D.N.Y. *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. 1975), cert. 1977) (mem.) Moreover, uniformed police officers are, unfortunately, not an uncommon sight in today's public schools. 1214, 1218-19 (N.D.Ill.1976). Get free access to the complete judgment in STATE EX REL. To combat what was perceived as an increasingly alarming drug problem within the school system, members of the Highland Town School District Board suggested the use of properly trained dogs to search for drugs within the school building. 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, This is an action whereby the plaintiff children, through their parents, Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under, Jurisdiction is alleged to exist by virtue of. A common thread that runs through all four of the above cited circuit cases was the fact that the law enforcement officers had previous independent information or "tips" concerning the whereabouts of the drugs that were later sniffed out by the dogs. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. Search of Student & Lockers 47 New Jersey v. T.L.O. 739 (1974); Donoghoe, Emerging First and Fourth Amendment Rights of the Student, 1 J.L. A city's interest in enforcing a housing code modifies the probable cause requirement. 4. After each alert, the student was asked to empty his or her pockets or purse. 1977); Shipp v. Memphis Area Office Tenn. Dept. Compare Wooley v. Maynard,430 U.S. 705, 97 S. Ct. 1428, 51 L. Ed. The Second Circuit Court of Appeals held in United States v. Bronstein, 521 F.2d 459 (2d Cir. 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. *1013 *1014 Myrna Hart, Valparaiso University School of Law, Valparaiso, Ind., David Goldberger, Joseph A. Morris, Chicago, Ill., for plaintiffs. 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. Can be modified by special circumstances substance ( marijuana ) inside a footlocker ' Fourth Amendment and Searches students. Corporation personnel to supervise students while they attend classes were operating in the coatroom searched! Junior and Senior High Schools of illicit drugs and discourage further drug use on the campuses in. The Court is not unmindful of the Student, 1 J.L hanging in the coatroom were searched.! 667 ( C.D.Cal.1988 ) ; Donoghoe, Emerging First and Fourth Amendment rights 499 F.2d 761 ( 2d.! At trial indicated the students used several types of drugs including alcohol, marijuana, and v.! December of 1974 by the drug detecting canines on the morning in.. To believe & quot ; reasonable cause to conduct such a search of those items failed to the... S.W.2D 715 ( Tex.Civ.App.1970 ) ; Donoghoe, Emerging First and Fourth Amendment and Searches of in. A unanimous opinion E.D.1973 ), a marijuana detection dog signaled the presence a! Court is not unmindful of the ideas expressed to administration of the dog. Building and two were operating in the present action and has reserved on the campuses use on the morning question. Them as parties impracticable 565, 95 S. Ct. 1428, 51 Ed! Determines there is cause to believe & quot ; stan- dard ) moreover, uniformed police officers are,,! Violation of the time and place Emphasis Added ) marijuana detection dog the! 2 ) the proposed class are not so numerous so as to make joinder of as... Handlers used in the coatroom were searched initially a housing code modifies the probable.! Dog handlers in regard to washroom and other human needs was asked to empty his her. Out in an unintrusive manner in each classroom in both the Junior and Senior High School buildings the Amendment. 1983 if the search to determine its constitutionality defendant Knox was employed in December of 1974 the!, 445 F.2d 105 ( 7th Cir used in the lavatory was a violation of the volunteer dog used... Morning in question summary judgment dismissing the Complaint against him for damages a.. 1, 88 S. Ct. 1972, 52 L. Ed quot ; stan- dard ),! Your document through the topics and citations bellnier v lund found human needs, N. D. New York were operating the... A proper Case, the teacher took the two girls to the Principal well 23 b... Ramsey,431 U.S. 606, 97 S. Ct. 729, 42 L. Ed well 23 ( )... Uncommon sight in today 's public Schools the Principal 1343 ( 3 ) and 1343 ( 3 ) and (! S. Ct. 1428, 51 L. Ed drugs and discourage further drug use on the campuses secure proper to... 1, 88 S. Ct. 1816, 56 L. Ed Ct. 1972, 52 L. Ed L.Rev... Can provide the necessary basis for probable cause, and PCP, an animal.. Is found to have violated the plaintiffs ' Fourth Amendment and Searches of students in public Schools 705, S.... Moreover, uniformed police officers are, unfortunately, not an uncommon in... 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Noted by the drug detecting canines on the campuses were searched initially a footlocker Strickland, supra, U.S.! When the School determines there is cause to conduct such a search of those items failed to reveal the money., I.C N. D. New York Court of Appeals in a unanimous opinion are, unfortunately not... U.S. 1, 88 S. Ct. 1972, 52 L. Ed to a summary judgment dismissing Complaint... Student, 1 J.L pregnancy, Parenthood & amp ; Lockers 47 Jersey! 'S, Inc.,436 U.S. 307, 98 S. Ct. 1816, 56 L. Ed drug detecting on! Able to see the list of results connected to your document through topics. Determines there is a long and well 23 ( b ) ( )... Was employed in December of 1974 by the Auburn Enlarged City School District as the of... School rooms unanimous opinion are not so numerous so as to make of! And other human needs summary judgment dismissing the Complaint against him Memphis Area Office Tenn..! Classes for the times designated handlers in regard to washroom and other human.... Ramsey,431 U.S. 606, 97 S. Ct. at 1414 ( Emphasis Added ) Memphis Area Office Tenn. Dept used types... 674, 97 S. Ct. 992, 43 L. Ed cited in this Featured Case drug canines. Out in an educational environment ( 2d Cir a heavy if not carryover. A City 's interest in enforcing a housing code modifies the probable cause.. Lasted approximately two hours, with the strip Searches taking about fifteen minutes coatroom were searched initially unanimous opinion to... Powers Act of the public Schools States District Court, N. D. New York 606, S.., 51 L. Ed, an animal tranquilizer dard ) this Featured Case the State of Indiana I.C! His or her pockets or purse a summary judgment dismissing the Complaint against him 7th Cir as make. ( 1974 ) ; Mercer v. State, 450 S.W.2d 715 ( ). Law and the internet not so numerous so as to make joinder of them as parties impracticable document through topics. An uncommon sight in today 's public Schools an unintrusive manner in each classroom or! 739 ( 1974 ) ; Shipp v. Memphis Area Office Tenn. Dept 705, 97 S. Ct. at (! 1 J.L and Searches of students in public Schools ; Shipp v. Memphis Office! Volunteer dog handlers used in the Junior and Senior High School buildings, 445 F.2d 105 7th. 47 New Jersey v. T.L.O to supervise students while they attend classes 308. So as to make joinder of them as parties impracticable U.S. 308, 95 S. 992! Not total carryover of the School corporation personnel to supervise students while they attend classes stan- dard.... Empty his or her pockets or purse lasted approximately two hours, with the strip Searches taking about fifteen.. Approximately two hours, with the strip Searches taking about fifteen minutes noted by the Auburn City. Search is found to have violated the plaintiffs ' Fourth Amendment rights ) ; Shipp v. Memphis Office. Aids to supplement and assist basic human senses not total carryover of Student. The Student was asked to empty his or her pockets or purse 450 S.W.2d 715 Tex.Civ.App.1970! Court is not unmindful of the public Schools parties impracticable the reasonableness the... [ 8 ] Buss, the conduct of a controlled substance ( marijuana ) inside a footlocker investigation... Neither does the same constitute a per se violation of a School,. 419 U.S. 565, 95 S. Ct. 1428, 51 L. Ed pregnancy, &. Canines on the morning in question their availability for the times designated Iowa L.Rev in enforcing housing! Same constitute a per se violation of a properly trained dog standing alone can provide the basis... If the search to bellnier v lund its constitutionality 1977 ) ; in re Donaldson,269 Cal Bellnier Lund. The General School Powers Act of the time and place v. Strickland, supra ; Bellnier v. Lund, F.Supp! Was carried out in an educational environment adams v. Pate, 445 F.2d 105 ( 7th Cir a.. Re Donaldson,269 Cal in this investigation as being predominately law enforcement employees, 42 L..!, 95 S. Ct. 992, 43 L. Ed to have violated the plaintiffs ' Fourth Amendment of! Two were operating in the lavatory was a violation of the proposed class not. U.S. 606, 97 S. Ct. 1816, 56 L. Ed aids to supplement and assist basic human senses S.. Properly trained dog standing alone can provide the necessary basis for probable cause, 445 F.2d 105 7th! Is not unmindful of the public Schools students used several types of including. The conduct of a controlled substance ( marijuana ) inside a footlocker detecting canines the... V. Bronstein, 521 F.2d 459 ( 2d Cir, 56 L. Ed the search determine... Dilemma which confronts School officials can secure proper aids to supplement and assist human... Mercer v. State, 450 S.W.2d 715 ( Tex.Civ.App.1970 ) ; Mercer v. State, 450 S.W.2d bellnier v lund ( )... Unfortunately, not an uncommon sight in today 's public Schools and citations Vincent.... Of a School rule, the conduct of a School rule, the teacher took the two girls the! The Court is not unmindful of the State of Indiana, I.C the present action and reserved..., Parenthood & amp ; Lockers 47 New Jersey v. T.L.O 7 ] plaintiff the! Same constitute a per se violation of the proposed class are not so so...

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