There is a basic burden on the plaintiff to show entitlement to a class certification under Rule 23. 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d Cir. den., 419 U.S. 897, 95 S. Ct. 176, 42 L. Ed. Fifty students were alerted to by the drug detecting canines on the morning in question. No incidents of disruption occurred in the classrooms because of the presence of the dogs or the teams. Respect for individual dignity of the student was carefully maintained. 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. Commonwealth v. Dingfelt, 227 Pa.Super. 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. As the Supreme Court has stated with reference to the Equal Protection clause of the Fourteenth Amendment, though equally applicable to the Due Process clause, state action exists when. Defendant Knox is therefore entitled to a summary judgment dismissing the Complaint against him. Get free summaries of new Northern District of New York US Federal District Court opinions delivered to your inbox! of Ed. den., 424 U.S. 918, 96 S. Ct. 1121, 47 L. Ed. F.R.C.P. Subscribers are able to see any amendments made to the case. 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. 591, 284 N.E.2d 108 (1972). The Supreme Court established in New Jersey v. T.L.O. 780 (D.S.Dak.S.D.1973). In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. 526 (1977). Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. 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. Ass'n,362 F. Supp. 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. 1940). 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. Potts v. Wright, supra at 219; see also Picha v. Willgos, supra at 1220. M. v. Board of Education Ball-Chatham Comm. Since no search was performed up until the time the dogs alerted, no warrant was necessary for the initial observation by the school officials. 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. The existence of such odors often provides useful information to investigative law enforcement officers concerning the location and proximity of illegal controlled substances. 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. 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. [5] An alert is an indication of a trained canine that the odor of the drug, in this case marijuana, is present in the air or upon the individual. 1214 - PICHA v. 23(b) (2). The officers were merely aiding in the inspection, at the request of the school administrators. BELLNIER v. LUND Email | Print | Comments ( 0) No. 1968), cert. The response prompted the assistant vice principal [3] Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. 1975). The *1017 canine teams spent approximately five minutes in each room. *1027 This Court finds no constitutional fault with the basic plan and program as executed. You're all set! 1971); see also Barrett v. United Hospital,376 F. Supp. 1977) (mem.) 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. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 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. 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. A reasonable right to inspection is necessary to the school's performance of its duty to provide an educational environment. United States District Court of Northern District of New York. This Court now DENIES plaintiff's motion for a permanent injunction as to all issues raised. 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. Ball-Chatham C.U.S.D. This case is therefore an appropriate one for a summary judgment. 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. This Court finds for the reasons stated below that entry by the school officials into each classroom for five minutes was not a search contemplated by the Fourth Amendment but, rather, was a justified action taken in accordance with the in loco parentis doctrine. 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. 1983,[2] inasmuch as there is no allegation of racial or other class-based invidiously discriminatory animus behind the defendant conspirators' actions, nor is there alleged the existence of a conspiracy, both of which are required in order to state a cause of action under 42 U.S.C. 259 (1975). It is clear that the defendants are entitled to a summary judgment on the issue of monetary damages under the test in Wood. 47 (N.D.N.Y.1977); People v. Scott D., supra, fn. Resolution of this question, however, is not necessary for purposes of this motion. [12] United States v. Fulero (footlocker); United States v. Bronstein (suitcase); United States v. Solis (semi-trailer); United States v. Venema (rented locker). Pierson v. Ray,386 U.S. 547, 557, 87 S. Ct. 1213, 1219, 18 L. Ed. 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. (internal citation omitted). 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. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. This document shall constitute the Court's findings and conclusions of law as required by F.R.C.P. Section 1983 requires a showing of action "under color of any statute, ordinance, regulation, custom, or usage of any State or Territory" to support a cause of action. People v. D., supra. 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. 206, 498 F.2d 748 (1974). 2201. Little's main responsibility was to coordinate the efforts of the school officials with the dog handlers. . 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 record here clearly discloses several fatal failures of the plaintiff to meet the elementary requirements of Rule 23. 452 F.Supp. 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. School Principals, 375 F.Supp. 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. Ms. Patricia L. Little is the owner and operator of the Edelheim Police K-9 Academy in Bunker Hill, Indiana. Cf. The Court is not unmindful of the dilemma which confronts school officials in a situation such as this. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. 2d 433 (1979). *1024 In conducting the pocket search, as well as the other searches in question, the school officials clearly were not concerned with the discovery of evidence to be used in criminal prosecutions, but rather were concerned solely with the elimination of drug trafficking within the schools. 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. Cf. Because of the Court's findings on the immunity of the defendant school officials, the issue of damages can be determined at this time. Chambers v. Maroney,399 U.S. 42, 90 S. Ct. 1975, 26 L. Ed. The outer garments hanging in the coatroom were searched initially. 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. Baltic Ind. 2d 509, 75 Cal. 1973); People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 (App. 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. Not to use drugs was considered not to be "cool" by members of the student body who did use drugs. Thus, when a teacher conducts a highly intrusive invasion such as the strip . As this Court saw and heard her in the court room, there is absolutely nothing sinister about her. ; Login; Upload This Court will not charge school officials with "predicting the future course of constitutional law." Turning to this case, the evidence shows the school administrators had compiled an extensive list of previous incidents of drug use within the school. Subscribers are able to see a visualisation of a case and its relationships to other cases. This Court must focus upon the reasonableness of the search to determine its constitutionality. United States v. Solis, 536 F.2d 880 (9th Cir. 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. 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. Up until the trained dogs indicated the presence of marijuana, no violation of any basic Fourth Amendment rights occurred. Northwestern Sch. 2nd Circuit. The federal government's interest in enforcing safety and health regulations modifies the probable cause requirement. The dog's conduct constituted evidence that caused the court to observe that "Even on the record the issuance of a warrant by a judicial officer was reasonably predictable. On the morning in question all students were given an opportunity to perform their usual classroom schedule for an extra 1 and periods. 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. United States v. Skipwith, 482 F.2d 1272 (5th Cir. 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. The Court finds this utterly insufficient to hold defendant Knox accountable under 42 U.S.C. The school officials, therefore, had outside independent evidence indicating drug abuse within the school. To carry out this procedure, they requested the assistance of the Highland Police Department and of volunteer canine units experienced in drug detection. There is nothing sinister about her enterprise. 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. There is a heavy if not total carryover of the ideas expressed to administration of the public schools. [8] Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. 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. 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. 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. 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. reasonable cause test); Bellnier v. Lund, 438 F. Supp. However, in that case, the corporal punishment was specifically authorized by both state law and a local school board regulation. 206, 498 F.2d 748 (1974), a marijuana-sniffing dog was allowed to sniff the air around a footlocker in a bus depot. McKinnon, 88 Wash.2d at 81, 558 P.2d at 784; accord Bellnier v. Lund. v. Acton 49 Trinidad Sch. 47, 54 (N. D. N. Y. Sch. It takes more than mere verbiage in a complaint to meet that burden. I.C. 2. School officials maintain the discretion and authority for scheduling all student activities each school day. Bellnier v. Lund,438 F. Supp. These cases were not sufficient to establish clearly the unlawfulness of the defendants' actions in this case. 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. 1977); State v. Baccino, 282 A.2d 869 (Del. In the "rare instance" where it is proper to seek guidance from outside this circuit, the . This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. App. 2d 711 (1977), an action brought under 42 U.S.C. 436 (1947). *1013 *1014 Myrna Hart, Valparaiso University School of Law, Valparaiso, Ind., David Goldberger, Joseph A. Morris, Chicago, Ill., for plaintiffs. She was quietly escorted to a nurse's station in the Junior High School and was asked to remain in the waiting room. Bd., supra; Bellnier v. Lund,438 F. Supp. Dist. Movement from class to class entails intrusions upon the students' freedoms. Drug use within the school became an activity the school administrator wished to eliminate. 2d 305 (1978). The use of the dog in this operation was an aid to the school administrator and as such its use is not considered a search. *1026 It is also apparent that the use of properly trained dogs in public areas accessible to them is a useful aid to law enforcement officials in determining the existence of probable cause to believe that contraband exists within a certain locale. The basic plan and program as executed ) no its constitutionality v. united Hospital,376 F. Supp 536 880... About fifteen minutes v. T.L.O was considered not to use drugs was considered not to ``... 47, 54 ( N. D. N. Y. Sch required by F.R.C.P 419 U.S. 897, S.... Dignity of the search to determine its constitutionality searched initially ( 2d Cir N.D.N.Y.1977 ) ; Bellnier Lund. 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