Dist. GALFORD v. MARK ANTHONY B on CaseMine. 1983 if the search is found to have violated the plaintiffs' Fourth Amendment rights. People v. D., supra; see also 1 Blackstone's Commentaries 453 (18th Ed. Drug use within the school became an activity the school administrator wished to eliminate. 2d 305 (1978). 2d 752 (1977). The Supreme Court of the United States has yet to rule explicitly on whether the use of narcotic detection dogs in the context of the Fourth Amendment establishes probable cause. In this case, the teacher initiated a strip search after being informed by 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. 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. She was quietly escorted to a nurse's station in the Junior High School and was asked to remain in the waiting room. 17710, United States District Courts. However, in matters concerning the reasonable exercise of supervision and authority by school officials, this Court recognizes that a certain balancing occurs between an individual student's rights and the school administrator's need to protect all students and the educational process. Cf. People trafficking in illegal narcotics often attempt to conceal the odor. Although she wore a jacket with her academy's patch sewn on the sleeve and an American flag patch attached to the other sleeve, she did not wear the uniform of any law enforcement agency. The students were then asked to empty their pockets and remove their shoes. Those named plaintiffs alleged that search activities conducted by certain school officials assisted by local police officers violated the plaintiffs' rights secured by the Fourth and Fourteenth Amendments to the Constitution. 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. Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. Moreover, the presence of the dog and its trainer within the classroom, also at the request and supervision of the school officials, was only an aide to that official's observation of students. CORP., United States Court of Appeals, Fifth Circuit. 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. Four decades ago, Professor Wigmore cited the rule that most courts held admissible evidence that tracing by a trained dog led to the accused. 375 F.Supp. 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. 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. The operation was carried out in an unintrusive manner in each classroom. 901 (7th Cir. 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. 2d 45 (1961). 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. 52. 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. 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. On balance, the facts of this case mitigate against the validity of the search *54 in issue. 1977) (mem.) Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. Finally, for purposes of this section, the sniffing of a trained narcotic detecting canine is not a search. Each team consisted of a school administrator or teacher, a dog and its handler and a uniformed police officer. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. ACCEPT, 95 S.Ct. The Court is not unmindful of the dilemma which confronts school officials in a situation such as this. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. In the "rare instance" where it is proper to seek guidance from outside this circuit, the . of the information used as a justification for the search." 2d 170 (1968); and People v. Campbell,67 Ill. 2d 308, 10 Ill.Dec. of Educ. [11] It is also the responsibility of the school administrator to insure the proper functioning of the educational process. You can explore additional available newsletters here. Care was taken by the school officials to provide custodians at each exit in case an emergency arose. See, e. g., Education Law 3001-3020-a. However, in that case, the corporal punishment was specifically authorized by both state law and a local school board regulation. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. Cf. 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. The health and safety of all students at the two schools was threatened by an increase in drug use. 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. 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. This Court cannot say as a matter of law that the alerting of a trained dog standing alone is sufficient to establish reasonable cause to believe a complete body search by school officials in surroundings that insure and maintain human dignity. [2] "Every person who, under color of any statute, ordinance regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceedings for redress" 42 U.S.C. Bellnier v. Lund, 438 F. Supp. Bellnier v. Lund,438 F. Supp. A city's interest in enforcing a housing code modifies the probable cause requirement. Dist. 2d 527 (1967) (Procedural Due Process). No fault is found with requiring students to remain in their seats without notice and with their hands on their desks for short periods of time. All students were treated similarly up until an alert by one of the dogs. at 206, 498 F.2d at 748; Bronstein, supra, at 460; Solis, supra, at 881; Venema, supra, at 1004, 1005. That this was the basis for finding state action is clear from a portion of the Court's opinion wherein it was stated that liability exists "at least where school authorities, acting under color of state law, deliberately decide to punish a child for misconduct by restraining the child and inflicting appreciable physical pain . 1976). View Case; Cited Cases; Citing Case ; Cited Cases . 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. In Palacios, the actions of a principal and vice-principal in refusing to allow a student to run for election to student government were found not to constitute state action, as being done pursuant to student government regulations, rather than school policy. 2d 188 (1966). 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. Having that requisite reasonable cause to believe that the plaintiff was concealing narcotics, the defendants did not violate the plaintiff's Fourth Amendment rights by ordering her to empty her pockets onto the desk. *48 *49 New York Civil Liberties Union, Alan H. Levine, New York City, of counsel; Clifford Forstadt, Syracuse, N. Y., of counsel, for plaintiffs. 2d 1081 (1961) (opinions of Justices Clark, Black and Harlan). 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. Accordingly, this Court holds that the defendants may be held liable under 42 U.S.C. Document Cited authorities 50 Cited in 35 Precedent Map Related Vincent 438 F. Supp. 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. Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. 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. This site is protected by reCAPTCHA and the Google, Northern District of New York US Federal District Court. 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. 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. Burton v. Wilmington Pkg. Subscribers are able to see a list of all the documents that have cited the case. Cf. Moreover, uniformed police officers are, unfortunately, not an uncommon sight in today's public schools. They also knew the intention by school officials to ask certain students to empty pockets or purses if the dog's alert continued. Thus, in State v. Young, supra, a well reasoned opinion, the Georgia Supreme Court found three categories of searches, for purposes of the Fourth Amendment: 1) wholly private searches, with no Fourth Amendment applicability; 2) state action, but no involvement of law enforcement agents, so that the Fourth Amendment applies, but not the Exclusionary Rule; and 3) search by law enforcement agents, to which both the Fourth Amendment and the Exclusionary Rule apply in toto. BELLNIER v. LUND Email | Print | Comments ( 0) No. at 292.[13]. In all other aspects, plaintiff's prayer for declaratory relief is now DENIED. We rely on donations for our financial security. Both were escorted to the principal's office where the student denied smok-275. The Katz Court held that police action which intrudes upon and invades an individual's justifiable expectation of privacy constitutes a search within the meaning of the Fourth Amendment. 438 F.Supp. It was the unauthorized and nonconsensual opening of the locker and the inspection of its interior that constituted the unlawful search, not the use of the dog. 1971). 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. 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." *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. 5, supra, 429 F. Supp. 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. 3d 320, 102 Cal. See also State v. Baccino, supra. v. NATIONAL SCREEN SERV. 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. United States v. Chapman , 927 F.2d 601 ( 1991 ) Court of Appeals for the Fifth Circuit | Thursday, February 21, 1991 | Cited 0 times; United States v. Torres ( 2009 ) Court of Appeals for the Fifth Circuit | Tuesday, October 6, 2009 | Cited 1 times; Norris v. National Union Fire Insurance Co. ( 2001 ) The defendant alleged such *1021 sniffing constituted an unpermissible action in violation of his Fourth Amendment rights. 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. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. Roberts d.Bellnier v. Lund b. 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. 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. The outer garments hanging in the coatroom were searched initially. Exigent circumstances can excuse the warrant requirement. 1978); Doninger v. Pacific Northwest Bell, Inc., 564 F.2d 1304 (9th Cir. 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. This site is protected by reCAPTCHA and the Google, Northern District of Indiana U.S. Federal District Court. 47 (N.D.N.Y. 47, 53 (N.D.N.Y.1977). Neither does the same constitute a per se violation of the Fourth Amendment. The motion for a permanent injunction should be denied, as the issue as between these parties is moot. 1832). 725 (M.D.Ala.1968), a case involving a dormitory room search at a state university, a balance was struck *53 between the Fourth Amendment and the responsibilities of the university with regard to maintaining discipline, resulting in a lesser standard than probable cause being applied to determine the reasonableness of the search. 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. You already receive all suggested Justia Opinion Summary Newsletters. The students were there ordered to strip down to their undergarments, and their clothes were searched. Wood v. Strickland, supra at 321, 95 S. Ct. 992. This Court now denies plaintiff's request for certification of a class pursuant to 23(a) and (b) (2) of the Federal Rules of Civil Procedure. Law 3205, and its handler and a local school board regulation a school official is a consisting! 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