Plaintiff brings her action pursuant to both sections 1983 and 1985 of Title 42 U.S.C. 259 (1975).]" In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. Both parties have moved for a summary judgment, pursuant to F.R.C.P. Bellnier v. Lund, 438 F. Supp. 837 (E.D.N.Y 1979) (1 time) View All Authorities Share Support FLP . It takes more than mere verbiage in a complaint to meet that burden. Pregnancy, Parenthood & Marriage 53 VII. 1974). We rely on donations for our financial security. 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. After extensive oral argument and presentation of evidence on June 7, 1979, this Court dismissed all but the above captioned defendants. It is clear that the defendants are entitled to a summary judgment on the issue of monetary damages under the test in Wood. . 2d 453 (1977). Click on the case name to see the full text of the citing case. 47 (N.D.N.Y.1977). 2d 214 (1975), reh. You can explore additional available newsletters here. Her search was conducted in an atmosphere designed to reduce to a minimum any apprehension or embarrassment. 47 Bellnier v. Lund 48 Vernonia Sch. 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. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. As this Court saw and heard her in the court room, there is absolutely nothing sinister about her. 17710, United States District Courts. People v. D., supra. Drug use within the school became an activity the school administrator wished to eliminate. 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. 361 (Ct. of App., 1st Dist. 2d 324; U. S. v. Pond, 523 F.2d 210 (2d Cir. The cases of Picha v. Wielgos,410 F. Supp. 1976); and U. S. v. Grosskreutz, 5 M.J. 344 (C.A.M.1978). The pocket search was an invasion of the sphere of privacy which the Fourth Amendment protects; it was a search. 475 F.Supp. 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. Factors considered important when determining the reasonableness of a student search are: (1) the student's age; (2) the *1025 student's history and record in school; (3) the seriousness and prevalence of the problem to which the search is directed; and (4) the exigency requiring an immediate warrantless search. 973 (1976); Comments, United States v. Solis: Have The Government's Supersniffers Come Down With A Case Of Constitutional Nasal Congestion?, 13 San Diego L.Rev. 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. BELLNIER v. LUND Email | Print | Comments ( 0) No. Ball-Chatham C.U.S.D. M. v. Bd. Furthermore, this court is not here ruling whether any evidence obtained in the search could have been used in a criminal prosecution. of Educ. Both parties have moved for a summary judgment, pursuant to F.R.C.P. 1977) (young children are especially susceptible to being traumatized by strip searches). The latest circuit to find that the dog's actions of sniffing the air outside a defendant's locker was not a search was in United States v. Venema, 563 F.2d 1003, (10th Cir. Jurisdiction is alleged to exist by virtue of 28 U.S.C. See the careful analysis in U. S. v. Grosskreutz, 5 M.J. 344 (C.M.A.1978). This case is therefore an appropriate one for a summary judgment. Perez v. Sugarman, supra; cf. [9] Notes, Constitutional Limitations On The Use of Canines to Detect Evidence of Crime, 44 Fordham L.Rev. 516 (N.D. Ill.1977). The facts indicate that a girl and her companion were discovered smoking in the school lavatory in violation of school rules. Waits v. McGowan, 516 F.2d 203 (3d Cir. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. 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. Jurisdiction is alleged to exist by virtue of 28 U.S.C. 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. 1977) (1 time) MM v. Anker, 477 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. 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. 2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. 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. [12] United States v. Fulero (footlocker); United States v. Bronstein (suitcase); United States v. Solis (semi-trailer); United States v. Venema (rented locker). This Court does not, therefore, find the actions of Little during the morning in question to have violated any of plaintiff's constitutional rights. 526 (1977). Listed below are the cases that are cited in this Featured Case. Students are exposed to various intrusions into their classroom environment. 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. F.R.C.P. [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. 47, 54 (N. D. N. Y. See U. S. v. Middleton, 3 M.J. 425 (C.M.A.1977). One of the two girls was the respondent T. L. O., who at that time was a 14-year-old high school freshman. 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! Students are made to change this routine every year, if not every semester. It is well settled that school officials possess a qualified good faith immunity with respect to acts performed within the course of their duties. 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. 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. Dist. Bellnier v. Lund, 438 F. Supp. 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. Each handler participated as an unpaid volunteer with their own dogs.[7]. The school officials made every reasonable effort to carry off this plan in a manner compatible with proper order in the schools and with the values therein involved. . In Moore v. Student Affairs Committee of Troy State University,284 F. Supp. App. 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. [4] Renfrow requested information from the Highland Police Department concerning the use of trained canine units for the planned investigation. Both parties have moved for a summary judgment, pursuant to F.R.C.P. 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. Id. And, generally, the Fourth Amendment makes two demands of a government official wishing to carry out a search. Marshall v. Barlow's, Inc.,436 U.S. 307, 98 S. Ct. 1816, 56 L. Ed. It was only upon a continued alert of the trained canine that the school officials based their decision to search the plaintiff. See U. S. v. Unrue, 22 U.S.C.M.A. *1020 There is no question as to the right and, indeed, the duty of school officials to maintain an educationally sound environment within the 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. Camara v. Municipal Court of City and County of San Francisco,387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. 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. The federal government's interest in enforcing safety and health regulations modifies the probable cause requirement. 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. *1027 This Court finds no constitutional fault with the basic plan and program as executed. 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. See also, United States v. Race, 529 F.2d 12 (1st Cir. 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. After each alert, the student was asked to empty his or her pockets or purse. However, in view of the relatively slight danger of the conduct involved (as opposed to drug possession, for example), the extent of the search, and the age of the students involved, this Court cannot in good conscience say that the search undertaken was reasonable. 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. Therefore, this Court finds that the defendant school officials are immune from liability arising out of the search and are entitled to summary judgment on the issue of monetary damages. Cf. No fault is found with requiring a student to empty clothing pockets and/or purses upon the alert of a properly trained dog conducted by a properly trained person. Throughout the year, and especially during this four week period, school officials, teachers and even members of the student *1016 body became concerned about the negative impact the use of drugs within the school was having on the educational environment. Sign up for our free summaries and get the latest delivered directly to you. For this reason, the search must be held to have been invalid under the Fourth Amendment, there being no reasonable suspicion to believe that each student searched possessed contraband or evidence of a crime. 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. 2201. 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. v. Acton 49 Trinidad Sch. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. The school officials, therefore, had outside independent evidence indicating drug abuse within the school. Plaintiff Doe was one of those students to which a dog continued to alert after she emptied her pockets. Meese, 681 F.Supp. These areas may be searched on a school-wide or individual basis when the school determines there is cause to conduct such a search. 52. It is settled case law that school officials possess a qualified immunity with respect to acts performed within the course of their duties. 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. 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. You already receive all suggested Justia Opinion Summary Newsletters. See U. S. v. Fulero, 162 U.S.App.D.C. Program as executed the use of trained canine that the defendants are entitled to a any... ; and U. S. v. Grosskreutz, 5 M.J. 344 ( C.M.A.1978 ) probable cause requirement any obtained... See also, United States v. Race, 529 F.2d 12 ( 1st Cir routine year. In an atmosphere designed to reduce to a minimum any apprehension or.... 307, 98 S. Ct. 1727, 18 L. Ed school lavatory in violation of rules..., and its companion sections a bellnier v lund immunity with respect to acts within... Email | Print | Comments ( 0 ) no there is cause to such... Continued to alert after she emptied her pockets or purse an invasion of the citing case regulations modifies probable... 1975 ) ; and U. 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