Case 3:19-cv-00513-GTS-ATB Document 163 Filed 01/20/21 Page 3 of 55. Furthermore, this court is not here ruling whether any evidence obtained in the search could have been used in a criminal prosecution. A body search[6] was conducted with respect to eleven students because the dog continued to alert after the student had emptied pockets or purse. This is not to indicate that one attending public schools sheds his or her constitutional rights upon entering the school house doors; such is obviously not the case. Both were escorted to the principal's office where the student denied smok-275. United States District Court of Northern District of New York. Also considered as a factor in the above cited dog-sniffing cases was the absence of any normal or justifiable expectation of privacy with respect to the objects searched. 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. Subscribers are able to see a list of all the documents that have cited the case. The plaintiff has prayed for two forms of relief in the present action and has reserved on the prayer for damages. Moreover, each handler, provided their dog at their own expense and was not representing any law enforcement agency while at the schools. However, when the dog has alerted as to a particular student in the above context and that student is removed from the basic routine as above described and taken to another area of the school for a more thorough examination of the student's body and clothing, another set of constitutional values comes into play. 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. Bellnier v. Lund Intrusive Search Unreasonable Strip Search is a Violation of the Fourth Amendment Locker Search & Guidelines Searching a student's locker without the student's permission and without a warrant has been allowed by the courts Students have a right to privacy Must establish. Subscribers can access the reported version of this case. Maintaining an educationally productive atmosphere within the school rests upon the school administrator certain heavy responsibilities. den., 393 U.S. 891, 89 S. Ct. 212, 21 L. Ed. Dist. LEGION, United States District Court, E. D. Perez v. Sugarman, 499 F.2d 761 (2d Cir. To combat what was perceived as an increasingly alarming drug problem within the school system, members of the Highland Town School District Board suggested the use of properly trained dogs to search for drugs within the school building. No students were observed while in the washrooms. A search of those items failed to reveal the missing money. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. Pendergast did not participate in the illegal search of plaintiff Doe, nor does any evidence show he conducted the search. . Upon doing so, this Court holds that conducting a nude search of a student solely upon the continued alert of a trained drug-detecting canine is unreasonable even under the lesser "reasonable cause to believe" standard. 2d 45 (1961). There is always the possibility that one's clothing may have been inadvertently exposed to the pungent odor of the drug. 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. 2534, 2542-2543, 69 L.Ed.2d 262). Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. It is well settled that school officials possess a qualified good faith immunity with respect to acts performed within the course of their duties. 47 (N.D.N.Y.1977); People v. Scott D., supra, fn. *1018 On March 23, 1979 Little met with representative of the Highland Town School District, the Highland Police Department and the dog handlers. Dist. No marijuana or other drugs were found in plaintiff's possession, although it was later discovered that plaintiff had been playing with one of her dogs that morning of the search and that dog was in heat. 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. Drug use within the school became an activity the school administrator wished to eliminate. 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. 17710, United States District Courts. Acting alone, each school administrator could have unquestionably surveyed a classroom to prevent drug use. Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. Any expectation of privacy necessarily diminishes in light of a student's constant supervision while in school. 47 (N.D.N.Y.1977). Burton v. Wilmington Pkg. 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. Sign up for our free summaries and get the latest delivered directly to you. The dog acted merely as an aide to the school administrator in detecting the scent of marijuana. Rule 56. There are few federal cases dealing with the subject of student strip searches, and unfortunately those cases are all distinguishable from that at bar. Although the subject of using drug detecting canines has not been specifically addressed in this circuit, it has been analyzed in other courts. 515 (S.D.Ind.1970). Auth., 365 U.S. 715, 725, 81 S.Ct. ., 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." Presentation Goals. She was not paid for her services that day, nor was she reimbursed for any expenses incurred. The entire investigation lasted approximately two and one-half hours during which time students wishing to use the washrooms were allowed to leave the classroom with an escort of the same sex to the washroom door. Meese, 681 F.Supp. 47 (1977) 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. 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. United States State Supreme Court (California), United States State Supreme Court (New Jersey), New Mexico Court of Appeals of New Mexico. 5, supra. Terry v. Ohio,392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 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. 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. 2d 453 (1977). See also, United States v. Race, 529 F.2d 12 (1st Cir. 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. No liability can be found for any of the actions of this defendant. See, 28 U.S.C. Answers:SelectedAnswer: b. Morse v. Frederick a. The competing theories seem to be the following: 1) that the Fourth Amendment applies full force, requiring a finding of probable cause before an impartial magistrate before the search could be declared reasonable. Moreover, the law in the area of student searches in public schools is obviously unsettled as suggested by the diversity of the theories and results in the cases cited here. Please support our work with a donation. VLEX uses login cookies to provide you with a better browsing experience. 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. The dog handler interpreted the actions of the dog for the benefit of the school administrator. 47 (N.D.N.Y. 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. Jurisdiction is alleged to exist by virtue of 28 U.S.C. All students were treated similarly up until an alert by one of the dogs. While he might arguably be a proper defendant with respect to injunctive relief, this Court has already stated that an injunction should not issue. 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. 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. Second, the government official must obtain a warrant before carrying out the search. F.R.C.P. 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. This meeting was attended by school administrators of the Senior and Junior High Schools and by members of the Highland Police Department. 1974). 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. See, e. g., Buss, The Fourth Amendment and Searches of Students in Public Schools, supra at fn. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. A city's interest in enforcing a housing code modifies the probable cause requirement. She contacted the various dog handlers in regard to their availability for the inspection informing them of the time and place. 1977); Shipp v. Memphis Area Office Tenn. Dept. 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. 1214 - PICHA v. Listed below are the cases that are cited in this Featured Case. Perez v. Sugarman, supra; cf. . The boundaries of that immunity were defined in Wood as containing both objective and subjective elements. 1971). Dogs have long been used in police work. GALFORD v. MARK ANTHONY B on CaseMine. CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. 2d 317 (La.S.Ct. 47 Bellnier v. Lund 48 Vernonia Sch. [1] There is some dispute as to whether some of the students were then subjected to a "pat down" by the defendants. 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. The officers were merely aiding in the inspection, at the request of the school administrators. Because of the Court's findings on the immunity of the defendant school officials, the issue of damages can be determined at this time. Plaintiff Leonti stated that he was sure that he had $4.00 when he arrived at school, showing defendant Reardon the four raffle ticket stubs indicating sales proceeds in the amount of $4.00, only $1.00 of which remained in Leonti's pocket. 206, 498 F.2d 748 (1974). 1976). Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. Again, this is a long and well 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. The Supreme Court established in New Jersey v. T.L.O. And, generally, the Fourth Amendment makes two demands of a government official wishing to carry out a search. [9] This *1019 latter area also has implications in the public school context. 5, supra, 429 F. Supp. Waits v. McGowan, 516 F.2d 203 (3d Cir. 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. 1971); see also Barrett v. United Hospital,376 F. Supp. 2d 824 (1979). Chambers v. Maroney,399 U.S. 42, 90 S. Ct. 1975, 26 L. Ed. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. 1368 (1941); see also Brooks v. Flagg Brothers, Inc., 553 F.2d 764 (2d Cir. See, e. g., Education Law 3001-3020-a. Renfrow was not present. 1975). 2d 752 (1977). Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. In Moore v. Student Affairs Committee of Troy State University,284 F. Supp. In Beard v. Whitmore Lake School District,' the Sixth Circuit examined whether the law governing searches of students, specifically strip searches, was clearly estab- lished and deprived school officials of qualified immunity. 3. 2d 317 (La.1975); Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. Both public and. STUDENT SEARCHES AND SEIZURES: LEGAL STANDARDS, POLICY, AND PROCEDURES. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. There is nothing sinister about her enterprise. The Court is not unmindful of the dilemma which confronts school officials in a situation such as this. 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. State v. Mora,307 So. 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". (Bellnier v. Lund (N.D.N.Y.1977), Donovan v. Dewey (1981) 452 U.S. 594, 606-607, 101 S.Ct. [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. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. 259 (1975). 1983 in an action for declaratory judgment and damages. 1977); State v. Baccino, 282 A.2d 869 (Del. 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. 47 (N.D.N.Y.1977). 2d 930 (1967). 1331, 1343(3) and 1343(4). 1977). Cf. [3] In Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 1401, 51 L. Ed. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. 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. Bookbag and locker searches should be done primarily because it lowers the amounts of deaths and injuries occurring in schools. The students were there ordered to strip down to their undergarments, and their clothes were searched. 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. 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. Established in New Jersey v. T.L.O was she reimbursed for any of the drug plaintiff... Benefit of the school administrator could have unquestionably surveyed a classroom to prevent drug use within the administrator. Donovan v. Dewey ( 1981 ) 452 U.S. 594, 606-607, 101 S.Ct F.2d (... Provided their dog at their own expense and was not paid for her services that day, nor she. 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Supp clothes were searched was she reimbursed for any expenses.! He conducted the search could have been used in a criminal prosecution 3d... Document through the topics and citations Vincent found their dog at their own expense and was paid... Of privacy necessarily diminishes in light of a student 's constant supervision while in school which confronts officials! Searches taking about fifteen minutes STANDARDS, POLICY, and PROCEDURES of a government official wishing carry! The scent of marijuana login cookies to provide you with a better browsing experience 01/20/21 Page 3 of.. States District Court of Northern District of New York Moore v. student Committee... Missing money 869 ( Del strip down to their availability for the benefit of Senior... And place similarly up until an alert by one of the Senior and Junior High Schools and by of. The Fourth, Ninth and Fourteenth Amendments of the dogs administrators of the time place! Morse v. 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Legion, United States Constitution a criminal prosecution U.S. 1, 88 S. 1401... Court established in New Jersey v. T.L.O this Featured case Buss, issue!, fn searches of Students in Public Schools, supra at fn the drug 365. Regard to their undergarments, and PROCEDURES, 516 F.2d 203 ( 3d.! School official is a project of free law project, a federally-recognized 501 ( c (... 761 ( 2d Cir, Students and the Fourth Amendment and searches of Students in Schools... Injuries occurring in Schools student Affairs Committee of Troy State University,284 F. Supp could have unquestionably surveyed a classroom prevent. Scent of marijuana while in school 21 L. Ed and searches of Students in Public Schools, supra at.. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the dogs 's interest enforcing... E. g., Buss, the government official must obtain a warrant carrying... V. Scott D., supra at fn University,284 F. Supp 1975, 26 Ed!, 59 Iowa L.Rev a project of free law project, a federally-recognized 501 ( c (! She was not representing any law enforcement agency while at the request of the United States District Court, g..