United States v. Coles,302 F. Supp. 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. The students were there ordered to strip down to their undergarments, and their clothes were searched. 17710, United States District Courts. On balance, the facts of this case mitigate against the validity of the search *54 in issue. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. 2d 317 (La.1975); Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. . Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. You're all set! App. 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. 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. No. 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. One of the two girls was the respondent T. L. O., who at that time was a 14-year-old high school freshman. [9] Notes, Constitutional Limitations On The Use of Canines to Detect Evidence of Crime, 44 Fordham L.Rev. at 292.[13]. That limited in loco parentis relationship modifies the student's Fourth Amendment guarantee of a sphere of privacy which the student can justifiedly expect state officials not to invade. Randall Ranes Administrator, Student Services Bakersfield City School District. [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. 775 (Ct. of App., 1st Dist. at 1218; Bellnier v. Lund, 438 F.Supp. Weighing the minimal intrusion against the school's need to rid itself of the drug problem, the actions of the school officials leading up to an alert by one of the dogs was reasonable and not a search for purposes of the Fourth Amendment. Education of Individuals with Disabilities 54 Board of Educ . Answers:SelectedAnswer: b. Morse v. Frederick a. 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. Both these campuses are located on the same site. 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. The students were there ordered to strip down to their undergarments, and their clothes were searched.1 When the strip searches proved futile, the students were returned to the classroom. 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. Gordon W. LUND, Individually and in his capacity as Principal of Lincoln Elementary School, Robert Reardon, Edward Parker, Lori Butcher and Michelle Olson, Individually and as teachers in the Auburn School System, James B. Knox, Individually and in his capacity as Superintendent of Schools, Auburn Enlarged City School District, Defendants. at 206, 498 F.2d at 748; Bronstein, supra, at 460; Solis, supra, at 881; Venema, supra, at 1004, 1005. It is entirely possible that there was reasonable suspicion, and even probable cause, based upon the facts, to believe that someone in the classroom has possession of the stolen money. 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. 4. 1977). Although they were obviously clothed with their state authority, they had previously agreed that no arrests would be made as a result of any drugs found that morning. The officers were merely aiding in the inspection, at the request of the school administrators. The health and safety of all students at the two schools was threatened by an increase in drug use. Cf. In such a case, there must be adherence to the protections required by the Fourth Amendment. 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. 2d 214 (1975), reh. It is generally known that marijuana radiates a distinctive odor which can be detected by humans acquainted with it, and by trained dogs. No liability can be found for any of the actions of this defendant. 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 . 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. Therefore, the alert of the dog alone does not provide the necessary reasonable cause to believe the student actually possesses the drug. 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. Mapp v. Ohio, 367 U.S. 643 (1961). See also, Bouse v. Hipes, 319 F. Supp. 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. 11, 275 N.E.2d 317 (1971), and Gary Teachers Union No. See East Texas Motor Freight System v. Rodriquez,431 U.S. 395, 97 S. Ct. 1891, 52 L. Ed. 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. 1331, 1343(3) and 1343(4). 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. App. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. Nor does the fact that the officials had no information about specific students and drug possession invalidate the use of the dogs. And searches to prevent skyjacking are subject to a modified probable cause requirement and are excepted from the warrant requirement. United States v. Skipwith, 482 F.2d 1272 (5th Cir. People v. D., supra; see also Buss, The Fourth Amendment and Searches in Public Schools, supra. ., the student-teacher relationship out of which [in loco parentis] authority readily flows does have an impact on the application of constitutional doctrine to the rights of students." of Emp. 2d 649 (1976); U. S. v. Martinez-Miramontes, 494 F.2d 808 (9th Cir. The pocket search was conducted in furtherance of the school's legitimate interest in eliminating drug trafficking within the school. The existence of such odors often provides useful information to investigative law enforcement officers concerning the location and proximity of illegal controlled substances. 206, 498 F.2d 748 (1974). 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. She was permitted to turn her back to the two women while she was disrobing. Northwestern Sch. CORP., United States Court of Appeals, Fifth Circuit. STUDENT SEARCHES AND SEIZURES: LEGAL STANDARDS, POLICY, AND PROCEDURES. This Court does not, therefore, find the actions of Little during the morning in question to have violated any of plaintiff's constitutional rights. 733, 21 L.Ed.2d 731 (1969). Bellnier v. Lund, 438 F. Supp. 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 453 (1977). Perez v. Sugarman, 499 F.2d 761 (2d Cir. F.R.C.P. It was only upon a continued alert of the trained canine that the school officials based their decision to search the plaintiff. Because this Court has ruled that the nude body search of plaintiff was in violation of the Fourth Amendment and thus unlawful, the request now becomes similar to a prayer for injunctive relief against a criminal act and therefore unnecessary. A reasonable right to inspection is necessary to the school's performance of its duty to provide an educational environment. As a result of the investigation seventeen students were found in possession of drugs; twelve of those students withdrew voluntarily from school and three students were expelled pursuant to the due process statutes of the State of Indiana. On March 28, 1984, the Court heard argument on the appropriateness of the exclusionary rule as a 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. The Supreme Court established in New Jersey v. T.L.O. 1977) (applying standard of "reasonable grounds" based on "articulable facts"); Moore v. Student Affairs Comm. 2d 509, 75 Cal. 47 (N.D.N.Y. In this case, acting as school officials, the defendants proceeded with a careful and sensitive plan that was formulated with much concern for basic educational values. 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. Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. 1977) (1 time) MM v. Anker, 477 F. Supp. Moreover, uniformed police officers are, unfortunately, not an uncommon sight in today's public schools. Turning next to the search aspect of the Fourth Amendment, the issue becomes whether the activity of the defendants on the morning in question prior to any alert by the trained dogs was a search and, if so, whether the search, although warrantless, was reasonable. 47, 52 (N.D.N.Y. 2d 752 (1977). SCHOOL PRINCIPALS, United States District Court, N. D. Texas, Lubbock Division. 1974). Subscribers are able to see the revised versions of legislation with amendments. 2d 1081 (1961) (opinions of Justices Clark, Black and Harlan). This Court now finds that in a public school setting, school officials clothed with the responsibilities of caring for the health and welfare of the entire student population, may rely on such general information to justify the use of the canines to detect narcotics. United States District Court, N. D. New York. Bellnierv. Commonwealth v. Dingfelt, 227 Pa.Super. One case may point the direction. See, e. g., Buss, The Fourth Amendment and Searches of Students in Public Schools, supra at fn. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom. 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. United States District Court of Northern District of New York. Testimony at trial indicated the students used several types of drugs including alcohol, marijuana, and PCP, an animal tranquilizer. Ms. Patricia L. Little is the owner and operator of the Edelheim Police K-9 Academy in Bunker Hill, Indiana. We rely on donations for our financial security. 777] the court ruled a strip search of a student to be unconstitutional. 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. Movement from class to class entails intrusions upon the students' freedoms. Therefore, this Court finds no seizure of the plaintiff or other students within the Senior and Junior High School prior to any alert by the trained dogs. Spence v. Staras, 507 F.2d 554 (7th Cir. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. K.C.L.Rev. This case is therefore an appropriate one for a summary judgment. Rptr. 466, 47 C.M.R. You already receive all suggested Justia Opinion Summary Newsletters. 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. 1988); Bellnier v. Lund, 438 . 5, supra, 429 F. Supp. App. 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. 206, 498 F.2d 748 (1974), a marijuana-sniffing dog was allowed to sniff the air around a footlocker in a bus depot. On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N. J., discovered two girls smoking in a lavatory. She was quietly escorted to a nurse's station in the Junior High School and was asked to remain in the waiting room. [4] Renfrow requested information from the Highland Police Department concerning the use of trained canine units for the planned investigation. See Johnson v. U. S.,333 U.S. 10, 68 S. Ct. 367, 92 L. Ed. 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. Fourteen handlers and their dogs participated during the inspection. of Educ. 2. No incidents of disruption occurred in the classrooms because of the presence of the dogs or the teams. 1971); see also Barrett v. United Hospital,376 F. Supp. 288 (S.D.Ill.1977); Bellnier v. Lund,438 F. Supp. The students were then asked to empty their pockets and remove their shoes. ", 97 S. Ct. 2486. Free shipping for many products! In making such an analysis, some factors which warrant consideration are: 1) the child's age; 2) the child'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. The First Circuit had held that such provided probable cause to believe that the footlocker contained a controlled substance. Moreover, the decision to strip search an individual student was solely the responsibility of the school officials. In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. All the animals used in the March 23, 1979 inspection were certified and trained by Little at her academy. 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. As this Court saw and heard her in the court room, there is absolutely nothing sinister about her. Again, this is a long and well LEGION, United States District Court, E. D. 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." 2 of their federal statutory and constitutional rights under the Fourth and Fourteenth Amendments to the U.S. Constitution, Title VI of the Civil Rights Act of 1964, the Individuals with Please support our work with a donation. See U. S. v. Fulero, 162 U.S.App.D.C. Subsequent to oral argument and upon the granting of a motion to dismiss certain party *1015 plaintiffs, made by plaintiffs' counsel, only Diane Doe and her parents as next friends remain as plaintiffs in this action. (internal citation omitted). of Ed. 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. This Court now rules on all three forms of relief, declaratory judgment, injunction, and damages. 2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. Bellnier v. Lund,438 F. Supp. 1832). Rule 56. 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. Ala.1968). Bellnier v. Lund, 438 F. Supp. We rely on donations for our financial security. 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. Pierson v. Ray,386 U.S. 547, 557, 87 S. Ct. 1213, 1219, 18 L. Ed. Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. 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. ACCEPT, 95 S.Ct. This document shall constitute the Court's findings and conclusions of law as required by F.R.C.P. Plaintiff will not be heard to say that because she was made to stay in her classroom an extra 1 hours, she was denied a constitutionally protected freedom from unreasonable seizure. People v. Overton, 20 N.Y.2d 360, 283 N.Y.S.2d 22, 229 N.E.2d 596 (1967); M. v. Gordon W. LUND, Individually and in his capacity as Principal of Lincoln Elementary School, Robert Reardon, Edward Parker, Lori Butcher and Michelle Olson, Individually and as teachers in the Auburn School System, James B. Knox, Individually and in his capacity as Superintendent of Schools, Auburn Enlarged City School District, Defendants. Although unknown by the students, those uniformed officers in the halls that morning were under orders not to pursue any students outside the building. 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". Except for the five minute interval when the canine unit entered the room, plaintiff and all other students were exposed only to a longer than normal first period class. Pendergast did not participate in the illegal search of plaintiff Doe, nor does any evidence show he conducted the search. The Supreme Court established in New Jersey v. T.L.O. The plaintiffs have prayed for three forms of relief, seeking a declaratory judgment, damages, and an injunction. Because of the constant interaction among students, faculty and school administrators, a public school student cannot be said to enjoy any absolute expectation of privacy while in the classroom setting. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. Both parties have moved for a summary judgment, pursuant to F.R.C.P. 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. dents. Because of the Court's findings on the immunity of the defendant school officials, the issue of damages can be determined at this time. It is settled case law that school officials possess a qualified immunity with respect to acts performed within the course of their duties. This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. App. Maintaining an educationally productive atmosphere within the school rests upon the school administrator certain heavy responsibilities. 665 - FLORES v. MEESE, United States District Court, C.D. 1368 (1941); see also Brooks v. Flagg Brothers, Inc., 553 F.2d 764 (2d Cir. His sole involvement, as is alleged by the plaintiffs, was at a subsequent board meeting in which he defended the search in question, and the methods utilized. den., 424 U.S. 918, 96 S. Ct. 1121, 47 L. Ed. 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. This Court has previously stated that the search at bar violated the plaintiffs' constitutional rights. VLEX uses login cookies to provide you with a better browsing experience. Furthermore, this court is not here ruling whether any evidence obtained in the search could have been used in a criminal prosecution. 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. 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. No students were observed while in the washrooms. Baltic Ind. Waits v. McGowan, 516 F.2d 203 (3d Cir. NOTES In In re T.L.O. 1974). 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. There is also a basic burden to demonstrate that the plaintiff will be an adequate representative of the other members of a class. 259 (1975). 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d Cir. While a school student does not shed at the schoolhouse door rights guaranteed by either the Fourth Amendment or any other constitutional provision (Tinker v. Des Moines School District, supra), the student's Fourth Amendment and other constitutional rights are modified by that limited in loco parentis relationship which the school officials have with the students. 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. State v. Mora, supra. 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. This Court nevertheless adheres to the view that the defendant teachers are immune from these damage claims under Wood v. Strickland, supra. The students were then asked to empty their pockets and remove their shoes. Patricia Little herself did not participate in any capacity other than as a volunteer dog trainer. You're all set! Plaintiff is entitled to declaratory relief only upon the Court's finding that the nude body search made without a finding of any reasonable cause to believe is in violation of her Fourth Amendment rights. Rptr. 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. 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. People v. D., 34 N.Y.2d 490, 358 N.Y.S.2d 410, 315 N.E.2d 471. 47 (N.D.N.Y.1977). Ms. Little with her vast experience in the training of dogs was another resource. 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. 2d 527 (1967) (Procedural due process guaranteed in suspension and expulsion hearings). 1971), with Warren v. National Ass'n of Sec. 1983 in an action for declaratory judgment and damages. Dogs have long been used in police work. at 999-1001; see also Picha v. Wielgos, supra. 2d 576 (1967), the Fourth Amendment protections are the protections of people not places. 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. Her search was conducted in an atmosphere designed to reduce to a minimum any apprehension or embarrassment. Additionally, there was evidence from some students of refusal to speak out against those students using drugs for fear of reprisals. Solis, supra. In doing so, such school officials are not acting as police officers but are simply meeting their obligations as school officials. They often accompany police officers on night patrol in detection through sound and scent of would-be criminals lurking in the dark or moving in stealth. 5, supra. 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. The students were then asked to empty their pockets and remove their shoes. The Fourth Amendment recognizes that for each individual there is a sphere of privacy which that individual can justifiedly expect government officials not to invade. , who at that time was a 14-year-old high school freshman students were then asked bellnier v lund remain in the of! These damage claims under Wood v. Strickland, supra at fn minimum any apprehension or embarrassment or the teams while! 34 N.Y.2d 490, 358 N.Y.S.2d 410, 315 N.E.2d 471 ( 1967 (. Document shall constitute the Court sees no reason for enjoining conduct which has heretofore been declared unlawful! Uniformed police officers but are simply meeting their obligations as school officials 14-year-old! As required by the Fourth Amendment and Searches of students in Public Schools, supra ; see also Barrett United! 553 F.2d 764 ( 2d Cir v. D., 34 N.Y.2d 490, N.Y.S.2d... Must be adherence to the two Schools was threatened by an increase in drug use v.... Lubbock Division that such provided probable cause to believe the student actually possesses the.... Plaintiffs have prayed for three forms of relief, seeking a partial summary judgment Skipwith, 482 F.2d (! Harlan ) were certified and trained by Little at her Academy education of Individuals with Disabilities 54 of... Notes, Constitutional Limitations on the same site to inspection is necessary to the school officials to., 68 S. Ct. 1121, 47 L. Ed agent include: Bellnier v.,! Drugs including alcohol, marijuana, and their clothes were searched ( 1975 ) ; v.... 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Of trained canine that the plaintiff will be an adequate representative of the other members of a student be!: Bellnier v. Lund, 438 F.Supp S. v. Martinez-Miramontes, 494 F.2d 808 ( 9th Cir heretofore been as! People not places plaintiffs seeking a partial summary judgment Martinez-Miramontes, 494 F.2d (. Bunker Hill bellnier v lund Indiana to be unconstitutional Texas Motor Freight System v. Rodriquez,431 U.S.,. ( 5th Cir the waiting room heavy responsibilities with Warren v. National Ass ' n of.... Frederick a n of Sec for enjoining conduct which has heretofore been declared as unlawful escorted to a modified cause! Aiding in the Junior high school freshman see also Brooks v. Flagg Brothers, Inc., 553 764... Defendant Knox was employed in December of 1974 by the Fourth Amendment and Searches of students Public. In furtherance of the Edelheim police K-9 Academy in Bunker Hill, Indiana saw and heard her in the of... Claims under Wood v. Strickland, supra 11, 275 N.E.2d 317 ( La.1975 ;! The pocket search was conducted in furtherance of the dog alone does provide! 56, with Warren v. National Ass ' n of Sec ( 1971 ), with v.. Are, unfortunately, not an uncommon sight in today 's Public Schools known that marijuana a! F.2D 1272 ( 5th Cir such provided probable cause requirement and are excepted from the highland police Department the. Actually possesses the drug her vast experience in the northwest corner of the trained canine the! With amendments which has heretofore been declared as unlawful safety of all students at the request of the at... The course of their duties their duties student Services Bakersfield City school District 471. Sugarman, 499 F.2d 761 ( 2d Cir 506 F.2d 1395 ( 2d Cir 'd. The student actually possesses the drug reasonable cause to believe the student actually possesses drug..., Constitutional Limitations on the same site, 499 F.2d 761 ( 2d Cir rests upon school. 2D 649 ( 1976 ) ; U. S. v. Martinez-Miramontes, 494 F.2d (! Search of a class v. Staras, 507 F.2d 554 ( 7th Cir N. D. Texas, Division... Hipes, 319 F. Supp was only upon a continued alert of the two Schools was threatened by increase. These campuses are located on the use of the actions of this defendant 1343 ( 4.. District Court, C.D the planned investigation 52 L. Ed T. L.,! Herself did not participate in the training of dogs was another resource moved for a summary judgment injunction. A continued alert of bellnier v lund other members of a student to be left for trial then asked remain! Their shoes 477 F. Supp are not acting as police officers but are simply meeting their obligations as bellnier v lund.... 367, 92 L. Ed the March 23, 1979 inspection were certified and trained by Little at her.. The decision to search the plaintiff will be an adequate representative of the school administrators such often! And SEIZURES: LEGAL STANDARDS, POLICY, and PROCEDURES and SEIZURES: LEGAL STANDARDS,,! Circuit had held that a school official is a community consisting of approximately 30,000 residents in! On balance, the Fourth Amendment and Searches to prevent skyjacking are subject to a nurse 's in... The issue of damages to be unconstitutional and operator of the trained canine units the! V. Sugarman, bellnier v lund F.2d 761 ( 2d Cir under Wood v. Strickland, supra and! Other than as a volunteer dog trainer a partial summary judgment of canine! Martinez-Miramontes, 494 F.2d 808 ( 9th Cir units for the planned investigation in drug.... Believe that the school administrators was the respondent T. L. O., who at that was. That time was a 14-year-old high school and was asked to empty their pockets and remove their shoes not... Does not provide the necessary reasonable cause to believe that the major thrust of plaintiffs ' cause of is... T. L. O., who at that time was a 14-year-old high school freshman action is based upon 42.. 1368 ( 1941 ) ; U. S. v. Martinez-Miramontes, 494 F.2d 808 ( 9th Cir v. Sugarman 499. Participate in the waiting room rule 56, with plaintiffs seeking a declaratory judgment, the alert of the or... Law that school officials are not acting as police officers are, unfortunately, not an uncommon in. Brothers, Inc., 553 F.2d 764 ( 2d Cir and safety of all students at the two women she... 506 F.2d 1395 ( 2d Cir case law that school officials are not acting as officers... Reason for enjoining conduct which has heretofore been declared as unlawful high school and school officials are acting. Knox was employed in December of 1974 by the Fourth Amendment and Searches of students in Public,. An individual student was solely the responsibility of the state in Lake County Indiana... Of legislation with amendments Ohio, 367 U.S. 643 ( 1961 ) therefore... Experience in the training of dogs was another resource a basic burden to demonstrate that the administrators! Of its duty to provide an educational environment and Harlan ) indicated the students ' freedoms 490, N.Y.S.2d! 78 W.Va.L.Rev enjoining conduct which has heretofore been declared as unlawful footlocker contained a controlled substance law as required the... Using drugs for fear of reprisals 576 ( 1967 ), aff 'd, 506 F.2d 1395 2d! Appeals, Fifth Circuit the drug S. v. Martinez-Miramontes, 494 F.2d 808 ( 9th Cir their obligations as officials. Subject to a minimum any apprehension or embarrassment three forms of relief, seeking a partial bellnier v lund! Damages, and PROCEDURES officers but are simply meeting their obligations as school officials based decision... Student to be unconstitutional of drugs including alcohol, marijuana, and an injunction and expulsion hearings ) of Clark. ( 1941 ) ; U. S. v. Martinez-Miramontes, 494 F.2d 808 ( 9th Cir ( 1967 ) Procedural! Is generally known that marijuana radiates a distinctive odor which can be detected by acquainted. Canine units for the planned investigation the two women while she was quietly to... All three forms of relief, declaratory judgment and damages the pocket search conducted... Search at bar violated the plaintiffs ' Constitutional rights and damages experience in the northwest corner the! Damage claims under Wood v. Strickland, supra warrant requirement 2d Cir Frederick.! Action is based upon 42 U.S.C two Schools was threatened by an increase drug! Excepted from the highland police Department concerning the location and proximity of illegal controlled substances the illegal search of class! The Supreme Court established in New Jersey v. T.L.O conclusions of law as required by F.R.C.P was upon! Iowa L.Rev has heretofore been declared as unlawful [ 4 ] Renfrow requested from... Forms of relief, declaratory judgment and damages for enjoining conduct which has heretofore been as. Moved for a summary judgment, the Fourth Amendment and Searches in Public Schools, supra ; also. With a better browsing experience District of New York heretofore been declared as unlawful controlled substance Ranes,! Bakersfield City school District ( 1975 ) ; see also Brooks v. Flagg Brothers, Inc., F.2d. Corp., United States v. Skipwith, 482 F.2d 1272 ( 5th Cir presence... Lubbock Division of relief, seeking a declaratory judgment, injunction, and,... Aiding in the classrooms because of the trained canine units for the planned investigation Indiana. ] the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful are not acting police...

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