Fourteen handlers and their dogs participated during the inspection. However, this Court has serious reservations as to whether there were sufficient facts to justify a full body search of this plaintiff at the time it was conducted. Such a request is akin to a prayer for injunctive relief against a criminal act. This Court now rules on all three forms of relief, declaratory judgment, injunction, and damages. 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. 1972); In re G. C., 121 N.J.Super. People v. D., supra; see also Buss, The Fourth Amendment and Searches in Public Schools, supra. Pierson v. Ray,386 U.S. 547, 557, 87 S. Ct. 1213, 1219, 18 L. Ed. The Supreme Court established in New Jersey v. T.L.O. 14 See, e.g., Bellnier v. Lund (N.D.N.Y.1977). 1971); see also Barrett v. United Hospital,376 F. Supp. [9] Notes, Constitutional Limitations On The Use of Canines to Detect Evidence of Crime, 44 Fordham L.Rev. 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. Care was taken by the school officials to provide custodians at each exit in case an emergency arose. 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. In all other aspects, plaintiff's prayer for declaratory relief is now DENIED. 1985. 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. Search of Student & Lockers 47 New Jersey v. T.L.O. ; Pro Get powerful tools for managing your contents. The existence of such odors often provides useful information to investigative law enforcement officers concerning the location and proximity of illegal controlled substances. See Johnson v. U. S.,333 U.S. 10, 68 S. Ct. 367, 92 L. Ed. 2d 188 (1966). 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. Because those administrators now acted with assistance from a uniformed officer does not change their function. Little and her dog were accompanied by a school official and a Highland Police officer during her portion of the inspection, limited only to the Senior High School. 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. Such a regulation of a student's movement in no way denies that person any constitutionally guaranteed right. App. 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. Super. The dog acted merely as an aide to the school administrator in detecting the scent of marijuana. In other words while "the in loco parentis authority of a school official cannot transcend constitutional rights . 1981 et seq. 1970); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. During the inspection, a dog alerted[5] to a particular student on approximately fifty occasions. The officers were merely aiding in the inspection, at the request of the school administrators. See Fulero, supra, 162 U.S.App.D.C. (Although cases predating T.L.O., see, e.g., Bellnier v. Lund. Cf. There is nothing sinister about her enterprise. 725 (M.D. Movement from class to class entails intrusions upon the students' freedoms. View Case; Cited Cases; Citing Case ; Cited Cases . 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. 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. 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 pocket search was conducted in furtherance of the school's legitimate interest in eliminating drug trafficking within the school. The Court is not unmindful of the dilemma which confronts school officials in a situation such as this. Bellnier v. Lund,438 F. Supp. 665, 667 (C.D.Cal.1988); Bellnier v. Lund, 438 F.Supp. Again, the trainer and dog were in the rooms at the request and with the permission of the school administrators. The plaintiffs have prayed for three forms of relief, seeking a declaratory judgment, damages, and an injunction. reasonableness based on offense Plaintiff was asked if she had ever used marijuana to which she answered she had not. 2d 324 (1976), that the sniffing of a canine at a baggage terminal did not constitute a search. 1971). 834 - NORTH SHORE RIGHT TO LIFE v. MANHASSET AM. 2d 305 (1978). 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. Ms. Little with her vast experience in the training of dogs was another resource. See the answerSee the answerSee the answerdone loading M. v. Bd. School officials maintain the discretion and authority for scheduling all student activities each school day. You're all set! 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. This document shall constitute the Court's findings and conclusions of law as required by F.R.C.P. 1983. [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. The students were there ordered to strip down to their undergarments, and their clothes were searched. Moreover, the decision to strip search an individual student was solely the responsibility of the school officials. 1977). 1974). A canine team visited each classroom in both the Junior and Senior High School buildings. See, e. g., Education. People v. Overton, 20 N.Y.2d 360, 283 N.Y.S.2d 22, 229 N.E.2d 596 (1967); M. v. 1978); Doninger v. Pacific Northwest Bell, Inc., 564 F.2d 1304 (9th Cir. Rptr. Dist., 26 F.Supp.2d 1189, 1201 (D.S.D.1998); Oliver, 919 F.Supp. 47 (N.D.N.Y. State v. Mora,307 So. 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. 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. The motion for a permanent injunction should be denied, as the issue as between these parties is moot. Wood v. Strickland, supra, 420 U.S. at 321, 95 S. Ct. 992. In doing so, such school officials are not acting as police officers but are simply meeting their obligations as school officials. App. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom. 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. Little was contacted by the police department requesting her to attend the March 14, 1979 meeting. Bellnier v. Lund, 438 F. Supp. U. S. v. Guerra, 554 F.2d 987 (9th Cir. 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. 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. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. ., 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." 361 (Ct. of App., 1st Dist. Northwestern Sch. This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. Subscribers can access the reported version of this case. You also get a useful overview of how the case was received. As stated by the Court in Potts. STUDENT SEARCHES AND SEIZURES: LEGAL STANDARDS, POLICY, AND PROCEDURES. On the morning in question all students were given an opportunity to perform their usual classroom schedule for an extra 1 and periods. 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. (2 times) View All Authorities Share Support FLP CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. [11] It is also the responsibility of the school administrator to insure the proper functioning of the educational process. den., 421 U.S. 921, 95 S. Ct. 1589, 43 L. Ed. at 292.[13]. 2d 527 (1967) (Procedural due process guaranteed in suspension and expulsion hearings). Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. 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. 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. Although the subject of using drug detecting canines has not been specifically addressed in this circuit, it has been analyzed in other courts. 47, 53 (N.D.N.Y.1977). Interestingly enough, the doctrine of in loco parentis was held not to apply with respect to the university students in Moore. 53 VI. As was stated by the Court in Wood. Fifty students were alerted to by the drug detecting canines on the morning in question. Lund boats use high end materials in their construction, like 5052 H 34 Aluminum, the most durable in the industry, precision molds and automotive paint finishes that will turn heads. Ms. Little was engaged in a perfectly legitimate, if unprofitable, enterprise of training these type dogs. 1977); Horton v. Gosse Creek Independent . In analyzing the search to determine reasonableness, the Court must weigh the danger of the conduct, evidence of which is sought, against the students' right of privacy and the need to protect them from the humiliation and psychological harms associated with such a search. The missing money was never located. 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. 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. 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. 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