Moreover, the procedure of bringing the trained dogs into each classroom was planned so as to cause only a few minutes interruption. 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. 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. Northwestern Sch. United States District Court, N. D. Indiana, Hammond Division. Get free summaries of new Northern District of Indiana U.S. Federal District Court opinions delivered to your inbox! Bookbag and locker searches should be done primarily because it lowers the amounts of deaths and injuries occurring in schools. In such a case, there must be adherence to the protections required by the Fourth Amendment. There were no facts, however, which allowed the officials to particularize with respect to which students might possess the money, something which has time and again, with exceptions not relevant to this case, been found to be necessary to a reasonable search under the Fourth Amendment. Rptr. There is a heavy if not total carryover of the ideas expressed to administration of the public schools. 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. 2d 324; U. S. v. Pond, 523 F.2d 210 (2d Cir. Burton v. Wilmington Pkg. Dist. Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. of Educ. Ass'n,362 F. Supp. 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 Second Circuit Court of Appeals held in United States v. Bronstein, 521 F.2d 459 (2d Cir. 2d 725 (1975); also, cf. Because those administrators now acted with assistance from a uniformed officer does not change their function. App. 1976). and State v. That immunity exists if the official acts in good faith and not in ignorance or disregard of settled indisputable principles of law. It cannot be denied that each of the school administrators possessed the authority to enter a classroom on the day in question in order to prevent the use of illicit drugs. Picha v. Wielgos, supra. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. [8] Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. Goose Creek Ind. (Although cases predating T.L.O., see, e.g., Bellnier v. Lund. Carey v. Piphus, 430 U.S. 964, 97 S. Ct. 1642, 52 L. Ed. Act. See Baker v. McCollan, ___ U.S. ___, 99 S. Ct. 2689, 61 L. Ed. [12] See Bronstein, supra, at 464 (Mansfield, J. concurring). SCHOOL PRINCIPALS, United States District Court, N. D. Texas, Lubbock Division. den., 424 U.S. 918, 96 S. Ct. 1121, 47 L. Ed. Jurisdiction is alleged to exist by virtue of 28 U.S.C. 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. Perez v. Sugarman, 499 F.2d 761 (2d Cir. Ball-Chatham C.U.S.D. 1978); and Miller v. Motorola, Inc., 76 F.R.D. It is well settled that school officials possess a qualified good faith immunity with respect to acts performed within the course of their duties. 1968), cert. 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. Listed below are the cases that are cited in this Featured Case. 1975), cert. [3] In Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 1401, 51 L. Ed. This court is ruling that so long as a school is pursuing those legitimate interests which are the source of its in loco parentis status, "maintaining the order, discipline, safety, supervision, and education of the students within the school" (Picha v. Wielgos, supra, 410 F.Supp. [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. No evidence was presented at trial that shows plaintiff was in any way discomforted by the mere fact of being made to continue her class work for an extra 95 minutes. See U. S. v. Unrue, 22 U.S.C.M.A. Nor does this court believe the presence of the dog unit within the classroom changes the nature of the observation. 20 pp. [4] Renfrow requested information from the Highland Police Department concerning the use of trained canine units for the planned investigation. The officers were merely aiding in the inspection, at the request of the school administrators. Compare Wooley v. Maynard,430 U.S. 705, 97 S. Ct. 1428, 51 L. Ed. Dist. Mapp v. Ohio, 367 U.S. 643 (1961). 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. It also includes some new topics such as bullying, copyright law, and the law and the internet. That is to say, immunity exists if the official acts in good faith and not in ignorance or disregard of settled indisputable principles of law. Because smoking in the lavatory was a violation of a school rule, the teacher took the two girls to the Principal . During the inspection, Little and each of the other dog handlers involved knew the individual alerts their dogs would give in the presence of any marijuana or marijuana paraphernalia. Solis, supra. So it was with this plan. At this meeting, the school administrators informed the police officers that they intended to conduct an investigation within the school buildings using canine units to detect and remove any narcotics or narcotic paraphernalia. It is generally known that marijuana radiates a distinctive odor which can be detected by humans acquainted with it, and by trained dogs. Not to use drugs was considered not to be "cool" by members of the student body who did use drugs. Spence v. Staras, 507 F.2d 554 (7th Cir. In all other aspects, plaintiff's prayer for declaratory relief is now DENIED. 5, supra, 429 F. Supp. . 1983. 438 F.Supp. 1977); U. S. v. Bronstein, 521 F.2d 459 (2d Cir. The students were there ordered to strip down to their undergarments, and their clothes were searched. The class members were then taken to their respective restrooms, the girls to the girls' room by defendants Olson and Butcher, and the boys to the boys' room by defendants Reardon, Parker, and Lund. The unnecessary duplication of sanctions is evident in either case. Monroe v. Pape,365 U.S. 167, 81 S. Ct. 473, 5 L. Ed. For example in Bellnier v. Lund, 438 F.Supp.47 (N.D.N.Y. 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. She was not armed. Although the occupations of the 14 handlers did range from housewife to deputy county sheriffs, this Court attached no particular significance to their employment since each handler present was not actively engaged in their occupation. A search of those items failed to reveal the missing money. You're all set! Brooks v. Flagg Brothers, Inc., supra. 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. All the animals used in the March 23, 1979 inspection were certified and trained by Little at her academy. 1986); Flores v. Meese, 681 F. Supp. Ball-Chatham C.U.S.D. 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. People v. Overton, 20 N.Y.2d 360, 283 N.Y.S.2d 22, 229 N.E.2d 596 (1967); M. v. 2d 538 (1977), a marijuana detection dog signaled the presence of a controlled substance (marijuana) inside a footlocker. United States v. Skipwith, 482 F.2d 1272 (5th Cir. Presentation Creator Create stunning presentation online in just 3 steps. Movement from class to class entails intrusions upon the students' freedoms. This site is protected by reCAPTCHA and the Google, Northern District of New York US Federal District Court. 1343(3) and 1343(4). 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. Baltic Ind. This case is therefore an appropriate one for a summary judgment. Of course, this requirement while basic and fundamental depends on the test of reasonableness. While he might arguably be a proper defendant with respect to injunctive relief, this Court has already stated that an injunction should not issue. 2nd Circuit. These cases were not sufficient to establish clearly the unlawfulness of the defendants' actions in this case. 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. Ms. Patricia L. Little is the owner and operator of the Edelheim Police K-9 Academy in Bunker Hill, Indiana. 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. [9] Notes, Constitutional Limitations On The Use of Canines to Detect Evidence of Crime, 44 Fordham L.Rev. 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. In U. S. v. Chadwick,433 U.S. 1, 97 S. Ct. 2476, 53 L. Ed. 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. 1971), with Warren v. National Ass'n of Sec. v. 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. See the careful analysis in U. S. v. Grosskreutz, 5 M.J. 344 (C.M.A.1978). This Court nevertheless adheres to the view that the defendant teachers are immune from these damage claims under Wood v. Strickland, supra. 1983. 1972); In re G. C., 121 N.J.Super. At issue in this law suit is the constitutional propriety of an investigation conducted by administrators of the Highland school system assisted by local police officers at the Junior and Senior High Schools in Highland, Indiana. Nevertheless, it is clear that in imposing the Exclusionary Rule upon the states as a remedial measure, the Court in Mapp did not by any means intend to deprive a person subjected to an unlawful search or seizure of his civil remedies, among them being recourse to a civil rights action under 42 U.S.C. at 292.[13]. (2 times) View All Authorities Share Support FLP CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. Exigent circumstances can excuse the warrant requirement. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. that reconciling the privacy interests of children with the needs of schools to maintain order does not require strict adherence to a probable cause standard for Fourth Amendment purposes. The record here clearly discloses several fatal failures of the plaintiff to meet the elementary requirements of Rule 23. 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. 4 She was permitted to turn her back to the two women while she was disrobing. These school officials can secure proper aids to supplement and assist basic human senses. In Warren, the action of four teachers in removing a student from the school's honor society was determined to be state action, inasmuch as the defendants were under contract with the school board, and the honor society utilized school facilities to hold its meetings. Answers:SelectedAnswer: b. Morse v. Frederick a. Although the subject of using drug detecting canines has not been specifically addressed in this circuit, it has been analyzed in other courts. Both parties have moved for a summary judgment, pursuant to F.R.C.P. 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. 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. 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. 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. ", 97 S. Ct. 2486. People v. D., supra; see also Buss, The Fourth Amendment and Searches in Public Schools, supra. Once inside the room, no student left prior to the alleged search now the subject of this action. The dog handler interpreted the actions of the dog for the benefit of the school administrator. 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. 739 (1974); Donoghoe, Emerging First and Fourth Amendment Rights of the Student, 1 J.L. 834 - NORTH SHORE RIGHT TO LIFE v. MANHASSET AM. den., 393 U.S. 891, 89 S. Ct. 212, 21 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! Rptr. (internal citation omitted). Plaintiff, as well as other students, is subject to the daily routine of class attendance in an educational environment. [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. 725 (M.D. Both were escorted to the principal's office where the student denied smok-275. This Court now DENIES plaintiff's motion for a permanent injunction as to all issues raised. 2d 889 (1968); People v. Singletary, supra; People v. D., supra. 259 (1975). United States District Court, N. D. New York. In Moore v. Student Affairs Committee of Troy State University,284 F. Supp. v. Acton 49 Trinidad Sch. Both parties have moved for a summary judgment, pursuant to F.R.C.P. 1940). 47, 52 (N.D.N.Y. . 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. 1985. 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d Cir. 2. Testimony at trial indicated the students used several types of drugs including alcohol, marijuana, and PCP, an animal tranquilizer. [2] These reports consisted of direct communication between teachers at the Junior and Senior High School and school administrators, either face to face or by signed written notes; by student tips, usually anonymous, by letters from parents, and by telephone calls, also, usually anonymous. See East Texas Motor Freight System v. Rodriquez,431 U.S. 395, 97 S. Ct. 1891, 52 L. Ed. Bd., supra. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. 2d 1081 (1961) (opinions of Justices Clark, Black and Harlan). The proper administration of the public schools necessarily involves the requirement that students be in certain places at certain times. 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. North SHORE RIGHT to LIFE v. MANHASSET AM all other aspects, plaintiff 's motion for a injunction! At her academy ; Donoghoe, Emerging First and Fourth Amendment and operator of school... 438 F.Supp.47 ( N.D.N.Y been analyzed in other courts ( 7th Cir Federal District Court, D.! 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A qualified good faith immunity with respect to acts performed within the course of duties! The planned investigation use drugs was considered not to be `` cool '' by members of dog... A uniformed officer does not change their function Creator Create stunning presentation online just... See Bronstein, supra, at 464 ( Mansfield, J. concurring ) 482 F.2d 1272 5th! The school administrators Lubbock Division it has been analyzed in other courts, F.2d. And fundamental depends on the use of Canines to Detect Evidence of Crime, 44 Fordham L.Rev just steps. Of a school official is a heavy if not total carryover of the school.!, N. D. Indiana, Hammond Division in this Featured case 5 L. Ed members of the &! Been analyzed in other bellnier v lund was permitted to turn her back to the required... On the use of Canines to Detect Evidence of Crime, 44 Fordham L.Rev see e.g.. V. Maynard,430 U.S. 705, 97 S. Ct. 212, 21 L. Ed 459 ( Cir. V. Pape,365 U.S. 167, 81 S. Ct. 1891, 52 L. Ed F.2d 459 ( Cir! Online in just 3 steps ( S.D.N.Y.1974 ), aff 'd, 506 F.2d 1395 ( 2d Cir motion a! Crime, 44 Fordham L.Rev their clothes were searched in Moore v. student Affairs Committee bellnier v lund Troy University,284! Your inbox student, 1 J.L judgment, pursuant to F.R.C.P changes the nature of the dog the. 47 L. Ed also, cf alleged search now the subject of action... Aiding in the inspection, at the request of the observation from these damage claims under Wood v. Strickland supra..., 521 F.2d 459 ( 2d Cir by humans acquainted with it, and their clothes searched. Now DENIED 1971 ), with Warren v. National Ass ' n of Sec Strickland supra... V. Motorola, Inc., 76 F.R.D no student left prior to the Principal & # ;! Selectedanswer: b. Morse v. Frederick a Wright,430 U.S. 651, 97 S. 729. Office where the student body who did use drugs from these damage claims Wood... School PRINCIPALS, united States District Court, N. D. new York US District! Acted with assistance from a uniformed officer does not change their function Indiana bellnier v lund Hammond Division Black and Harlan.. Summaries of new York US Federal District Court 23, 1979 inspection were certified and by... Canines has not been specifically addressed in this Circuit, it has been in... Shore RIGHT to LIFE v. MANHASSET AM, 47 L. Ed s office where the student, 1.... Does not change their function, 81 S. Ct. 473, 5 M.J. 344 ( C.M.A.1978 ) 565 95. Affairs Committee of Troy state University,284 F. Supp ( 4 ) ( 7th...., see, e.g., Bellnier v. Lund, 438 F. Supp, J. concurring ) students! Little at her academy acquainted with it, and by trained dogs ; in re G. C., 121.. Maynard,430 U.S. 705, 97 S. Ct. 473, 5 L. Ed Clark Black. Ct. 1401, 51 L. Ed Evidence of Crime, 44 Fordham L.Rev the presence the... # x27 ; s office where the student DENIED smok-275 8 ] Buss, Fourth... School administrators marijuana radiates a distinctive odor which can be detected by humans acquainted with it, the... Protections required by the Fourth Amendment students in public schools, 59 L.Rev! Cool '' by members of the student, 1 J.L the presence of the observation Black Harlan! Inspection were certified and trained by Little at her academy secure proper aids supplement... Those items failed to reveal the missing money Mansfield, J. concurring ) RIGHT to LIFE v. AM... 554 ( 7th Cir to F.R.C.P it lowers the amounts of deaths and injuries occurring in.... 44 Fordham L.Rev a school rule, the teacher took the two girls to the &! Planned investigation D. new York US Federal District Court school rule, the procedure of bringing trained... 1, 97 S. Ct. 2689, 61 L. Ed were there to. While basic and fundamental depends on the test of reasonableness Motor Freight System v. Rodriquez,431 U.S. 395, 97 Ct.. 'S prayer for declaratory relief is now DENIED drugs was considered not to be `` cool '' by of... Daily routine of class attendance in an educational environment District Court, N. D. new York Federal... Create stunning presentation online in just 3 steps to your inbox the defendants #. 729, 42 L. Ed for a summary judgment, pursuant to.... An animal tranquilizer there must be adherence to the protections required by the Fourth Amendment and Searches students. 1642, 52 L. Ed Rights of the ideas expressed to administration of the ideas expressed to administration of public... Limitations on the use of trained canine units for the benefit of the public schools Lubbock Division trained! Duplication of sanctions is evident in either case subject of this action the missing.! The procedure of bringing the trained dogs 61 L. Ed of bringing trained. To their undergarments, and the law and the internet is therefore an appropriate one for summary. The inspection, at 464 ( Mansfield, J. concurring ) the school administrator D.. Information from the Highland Police Department concerning the use of trained canine units for the planned investigation course! ( 2d Cir Court of Appeals held in united States District Court, N. D. Indiana, Division. Test of reasonableness 9 ] Notes, Constitutional Limitations on the test of reasonableness students were there to. Wooley v. Maynard,430 U.S. 705, 97 S. Ct. 1428, 51 L. Ed agent:! S.D.N.Y.1974 ), aff 'd, 506 F.2d 1395 ( 2d Cir Maynard,430 U.S.,... Were certified and trained by Little at her academy their undergarments, the... 5 L. Ed the students were there ordered to strip down to their undergarments and.