In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. 739 (1974); Donoghoe, Emerging First and Fourth Amendment Rights of the Student, 1 J.L. Bellnier v. Lund, 438 F. Supp. 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. In Solis, the Court of Appeals reversed the district court's holding that use of the dog was a search without probable cause and therefore illegal. United States v. Solis, 536 F.2d 880 (9th Cir. 1973). 2d 317 (La.S.Ct. In such a case, there must be adherence to the protections required by the Fourth Amendment. dents. den., 423 U.S. 1058, 96 S. Ct. 794, 46 L. Ed. It is settled case law that school officials possess a qualified immunity with respect to acts performed within the course of their duties. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. In all other aspects, plaintiff's prayer for declaratory relief is now DENIED. Subscribers are able to see the revised versions of legislation with amendments. Classroom disruptions and the concomitant loss of learning time occurred as a result of disciplining those students found to have been using drugs in the school during the regular school hours. See, 28 U.S.C. 47 (N.D.N.Y 1977) July 11, 1977 438 F. Supp. The plaintiffs have failed to allege in their Complaint that the actions were not taken in good faith. The above rather lengthy analysis demonstrates the use of the human senses and the extensions thereof by the use of trained dogs in the context of police investigation. Body searches involved extensive examination of the student's clothing entailing the removal of some of the garments. 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. The inspection occurred in both the Junior and Senior High School campuses and began during the first period class. To suggest anything approaching that idea is to do an extreme disservice to a group of dedicated people who carry heavy legal and moral obligations for public education. 1977). 2d 509, 75 Cal. The school officials did intend, however, to bring any necessary disciplinary actions against students found in possession of contraband. In finding that the Fourth Amendment does apply in this case, this Court does not mean to imply that a showing of probable cause is necessary in order to uphold the search as reasonable. 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. 780 (D.S.Dak.S.D.1973). 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. In other words, an invasion of that sphere of privacy is a search under the terms of the Fourth Amendment. The cases which have dealt with the issue have reached diverse results, relying upon various theories, which can be generally placed into the following categories: 1) the Fourth Amendment does not apply, as the school official acted in loco parentis (private search); People v. Stewart, 63 Misc.2d 601, 313 N.Y.S.2d 253 (N.Y.Co. 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. 1214, 1218-19 (N.D.Ill.1976). Renfrow was not present. 380, 323 A.2d 145 (1974); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. 1988); Bellnier v. Lund, 438 . App. Both public and. The officers were merely aiding in the inspection, at the request of the school administrators. 438 F.Supp. [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. 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." 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. 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 . Beginning in the fall of that year, concern over drug use within the school intensified as school officials recorded instances of drug use by students. One of the two girls was the respondent T. L. O., who at that time was a 14-year-old high school freshman. There is abundant credible evidence that the defendant school officials in this case had every reason to be concerned about the use of and trafficking in illegal controlled substances in the schools here concerned. This Court has previously stated that the search at bar violated the plaintiffs' constitutional rights. School Dist., supra at 478-79; People v. Scott D., supra, 34 N.Y.2d at 490; Bellnier v. Lund, supra at 53.As one commentator warned: This possibility of harm is even more ominous since the innocent as well as the guilty suffer from unreasonable searches. Plaintiff brings her action pursuant to both sections 1983 and 1985 of Title 42 U.S.C. See U. S. v. Fulero, 162 U.S.App.D.C. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. 1043 (N.D.Tex.1974), and Lopez v. Williams, 372 F.Supp. Subscribers are able to see a list of all the cited cases and legislation of a document. 215 (E.D.Pa.1976), both 1983 actions involving student searches, and cited by both parties in their memoranda, clearly hinged in their holdings upon police involvement in the searches, a factor not present in this case. There is a basic burden on the plaintiff to show entitlement to a class certification under Rule 23. v. Acton 49 Trinidad Sch. 1975) (dissent); State v. Young, supra; 3) the Fourth Amendment applies, but the doctrine of in loco parentis lowers the standard to be applied in determining reasonableness of the search; People v. Singletary, 37 N.Y.2d 310, 372 N.Y.S.2d 68, 333 N.E.2d 369 (1975); People v. D., 34 N.Y.2d 483, 358 N.Y.S.2d 403, 315 N.E.2d 466 (1974); In re W.,29 Cal. 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. Before such a search can be performed, the school administrators must articulate some facts that provide a reasonable cause to believe the student possesses the contraband sought. See Baker v. McCollan, ___ U.S. ___, 99 S. Ct. 2689, 61 L. Ed. of the information used as a justification for the search." 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. Rptr. 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. For example, drugs, weapons, suicides, robberies, and assaults are now everyday occurrences in some educational facilities. All students were treated similarly up until an alert by one of the dogs. Presentation of any evidence of possible damages was reserved until this Court's determination on the above issues. 410 F.Supp. 466, 47 C.M.R. The students were then asked to empty their pockets and remove their shoes. The operation was carried out in an unintrusive manner in each classroom. School officials maintain the discretion and authority for scheduling all student activities each school day. Ala.1968). 1977) (mem.) 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. Additionally, there was evidence from some students of refusal to speak out against those students using drugs for fear of reprisals. 1998 -NMCA- 51, Kennedy v. Dexter Consolidated Schools, No. She contacted the various dog handlers in regard to their availability for the inspection informing them of the time and place. 1974). BELLNIER v. LUND Email | Print | Comments (0) No. 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. The health and safety of all students at the two schools was threatened by an increase in drug use. Click on the case name to see the full text of the citing case. 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. See also W. RINGEL, SEARCHES & SEIZURES, ARRESTS AND CONFESSIONS 18.1 (1984). Get free access to the complete judgment in STATE EX REL. [3] Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. of Ed. This is an action whereby the plaintiff children, through their parents comme next friends, seek redress for an allegedly unlawful strip search claimed to have been conducted or condoned by defendants, all of whom are employed by the Auburn Enlarged City School District in one capacity or another. Defendant Knox, who in December of 1974, was the Superintendent of Schools of the Auburn Enlarged City School District, has moved for a summary judgment in his favor. Ball-Chatham C.U.S.D. 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. 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. Advanced A.I. 259 (1975). Bellnier v. Lund,438 F. Supp. Cf. 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. VLEX uses login cookies to provide you with a better browsing experience. 2d 649 (1976); U. S. v. Martinez-Miramontes, 494 F.2d 808 (9th Cir. 1 v. Lopez 50 V. Dress and Grooming 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd. 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. 2d 538 (1977), a marijuana detection dog signaled the presence of a controlled substance (marijuana) inside a footlocker. Each team consisted of a school administrator or teacher, a dog and its handler and a uniformed police officer. A city's interest in enforcing a housing code modifies the probable cause requirement. Although the subject of using drug detecting canines has not been specifically addressed in this circuit, it has been analyzed in other courts. challenging on Due Process and Cruel and Unusual Punishment grounds, the use of corporal punishment by school officials, the Court seemingly assumed ab initio that the actions complained of constituted "state action". Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. Auth., 365 U.S. 715, 725, 81 S.Ct. 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. 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. Business seller information Presentation Goals. 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. Therefore, the nude search of plaintiff was unlawful because it did violate her Fourth Amendment right against an unreasonable search and seizure. den., 419 U.S. 897, 95 S. Ct. 176, 42 L. Ed. 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. To be sure, the question may be close when the situation is frozen as of the time the search took place. The teacher of the class, defendant Reardon, stood at or near the classroom door during this time while the student teacher, defendant Olson, remained inside the classroom. (internal citation omitted). Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. 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. The Supreme Court of the United States has long recognized that such odors can be convincing evidence of probable cause. Term, 1st Dept. . Ball-Chatham C.U.S.D. Teachers were informed of the inspection that morning by means of a sealed note upon their classroom desks. First, the government *1023 official must have probable cause to believe that the law has been or is being violated. Cf. Roberts d.Bellnier v. Lund b. It is clear that the major thrust of plaintiffs' cause of action is based upon, Section 1983 requires a showing of action, "under color of any statute, ordinance, regulation, custom, or usage of any State or Territory". 47 (N.D.N.Y. 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. All the animals used in the March 23, 1979 inspection were certified and trained by Little at her academy. But these specific requirements can be modified by special circumstances. 739 (1974); see, e. g., Tinker v. Des Moines School District, supra (First Amendment), and In re Gault,387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 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, It also includes some new topics such as bullying, copyright law, and the law and the internet. A light relaxed atmosphere was created. Both were escorted to the principal's office where the student denied smok-275. (2 times) View All Authorities Share Support FLP CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. 516 (N.D. Ill.1977). Rptr. Again, the trainer and dog were in the rooms at the request and with the permission of the school administrators. United States v. Skipwith, 482 F.2d 1272 (5th Cir. 1975), cert. 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 Monroe v. Pape, supra, this has not been a universally held notion among the various federal courts. In order to keep disruptions to a minimum, late arrivals at the school were directed to a room other than their regular first period classroom. 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. See also, Shelton v. Pargo, Inc., 582 F.2d 1298 (4th Cir. "The student's right to be free from unreasonable search and seizure must be balanced with the necessity for the school officials to be able to maintain order and discipline in their schools and to fulfill their duties under the in loco parentis doctrine to protect the health and welfare of their students." To carry out this procedure, they requested the assistance of the Highland Police Department and of volunteer canine units experienced in drug detection. It is well known that a patrol dog is endowed by nature with qualities of hearing and smell that appear to be superior to those of humans. 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. Plaintiff Doe was one of those students to which a dog continued to alert after she emptied her pockets. 340, 367 N.E.2d 949 (1977). 361 (Ct. of App., 1st Dist. 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 Monroe v. Pape, supra, this has not been a universally held notion among the various federal courts.3 Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. 2d 214 (1975), reh. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. App. The effect was anything but a gestapo-like effort run by gestapo-type people. Little's main responsibility was to coordinate the efforts of the school officials with the dog handlers. 2d 324 (1976), that the sniffing of a canine at a baggage terminal did not constitute a search. In doing so, such school officials are not acting as police officers but are simply meeting their obligations as school officials. The plaintiff further seeks to have the complained of activities of the named defendants permanently enjoined. 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. 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. Bd., supra. at 1221), it is the general rule that the Fourth Amendment allows a warrantless intrusion into the student's sphere of privacy, if and only if the school has reasonable cause to believe that the student has violated or is violating school policies. 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. Although the problem of illicit drug use within the schools was not a novel one in Highland before 1978, it became progressively more acute and more visible within the Senior and Junior High Schools during the 1978 academic year. People v. Scott D., 34 N.Y.2d 483, 315 N.E.2d 466, 358 N.Y.S.2d 403 (1974); State v. McKinnon,88 Wash. 2d 75, 558 P.2d 781 (1977); People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 (App.Term, 1st Dept.1971), aff'd, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 (1972). Respect for individual dignity of the student was carefully maintained. 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. 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. It has long been established that law enforcement personnel can and must use the basic human senses in the detection of crime. The schools' administrators delegated by the state with the duty and responsibility to maintain order, discipline, safety and education within the school system supervised the investigation which was designed with the single purpose of eliminating drug use inside the school buildings. Moreover, there was a feeling, at least by some students including the plaintiff, that peer pressure existed in favor of using drugs while on campus. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. In twenty school days before the investigation, thirteen incidents were reported where students were found either to be in possession of drugs or drug paraphernalia or under the influence of drugs or alcohol. 2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. 1975). 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. Words, an invasion of that sphere of privacy is a basic burden on the name! The government * 1023 official must have probable cause official must have probable cause requirement T. L. O., at... A school official is a State agent include: bellnier v. LUND Email | Print | Comments ( 0 No! Complaint that the search took place that have held that a school official is a State include... V. State, 450 S.W.2d 715 ( Tex.Civ.App.1970 ) ; in re Donaldson,269 Cal students of refusal speak. 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