Both parties have moved for a summary judgment, pursuant to F.R.C.P. v. South Dakota H. Sch. Pregnancy, Parenthood & Marriage 53 VII. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. . Cf. People v. Scott D., 34 N.Y.2d 483, 315 N.E.2d 466, 358 N.Y.S.2d 403 (1974); State v. McKinnon,88 Wash. 2d 75, 558 P.2d 781 (1977); People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 (App.Term, 1st Dept.1971), aff'd, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 (1972). 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. 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. In addition, in the case of Bellnier v. Lund, the Plaintiff Leonti said he had 4 dollars when Firstly, the students see the searches of their lockers is an invasion of property given by the school itself "The biggest drawback to a school locker search is the lack of trust students may feel as a result of actions they see as an invasion of . Term, 1st Dept. Her search was conducted in an atmosphere designed to reduce to a minimum any apprehension or embarrassment. 2d 317 (La.S.Ct. The plaintiffs are therefore entitled to a summary judgment to that effect, except with respect to defendant Knox. 475 F.Supp. 2d 509, 75 Cal. 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. By conducting the pocket search, the school officials did not violate the plaintiff's right to be secure against unreasonable search and seizure. Uniformed police officers and school administrators were present in the halls during the entire investigation. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. As stated by the Court in Potts. Plaintiff's assertion misreads the present state of the law concerning the use of drug detecting canines. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. What level of information is necessary must be determined on a case by case basis, however, this Court holds the lesser standard of a "reasonable cause to believe" applicable in such a determination. One of these is that of providing an environment free from activities harmful to the educational function and to the individual students. 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. 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". Plaintiff, however, contends that the walking up the aisles and the sniffing of the dog constituted a search within the meaning of the Fourth Amendment and, as such, it was not based upon probable cause and was therefore in violation of her constitutionally protected rights. 2d 824 (1979). Picha v. Wielgos, supra. There is a heavy if not total carryover of the ideas expressed to administration of the public schools. 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. 1214 - PICHA v. 259 (1975).]" These areas may be searched on a school-wide or individual basis when the school determines there is cause to conduct such a search. Thus, when a teacher conducts a highly intrusive invasion such as the strip . 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." Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom. You already receive all suggested Justia Opinion Summary Newsletters. No. The health and safety of all students at the two schools was threatened by an increase in drug use. Care was taken by the school officials to provide custodians at each exit in case an emergency arose. 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. 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. Nor does the fact that the officials had no information about specific students and drug possession invalidate the use of the dogs. Both were escorted to the principal's office where the student denied smok-275. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. 1978); and Miller v. Motorola, Inc., 76 F.R.D. 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. and Educ. In other words, an invasion of that sphere of privacy is a search under the terms of the Fourth Amendment. These cases were not sufficient to establish clearly the unlawfulness of the defendants' actions in this case. This Court must focus upon the reasonableness of the search to determine its constitutionality. 1971); see also Barrett v. United Hospital,376 F. Supp. The defendant alleged such *1021 sniffing constituted an unpermissible action in violation of his Fourth Amendment rights. 206, 498 F.2d 748 (1974), a marijuana-sniffing dog was allowed to sniff the air around a footlocker in a bus depot. 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. 108, 296 A.2d 102 (1972); see also Shaw, Admissibility, in Criminal Cases, of Evidence Obtained by Search Conducted by School Official or Teacher, 49 A.L.R.3d 978; 4) the Fourth Amendment applies in full, requiring a finding of probable cause in order for a search to be reasonable. Document Cited authorities 50 Cited in 35 Precedent Map Related Vincent 438 F. Supp. Gordon J. v. Santa Ana Unified Scool. See U. S. v. Fulero, 162 U.S.App.D.C. 2d 433 (1979). Presentation of any evidence of possible damages was reserved until this Court's determination on the above issues. Answers:SelectedAnswer: b. Morse v. Frederick a. 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d 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. 438 F.Supp. 20-5-1-1 is a broad grant of authority to those legally responsible for the administration of the public schools and has been so interpreted by the Courts of Indiana. A common thread that runs through all four of the above cited circuit cases was the fact that the law enforcement officers had previous independent information or "tips" concerning the whereabouts of the drugs that were later sniffed out by the dogs. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. We rely on donations for our financial security. STUDENT SEARCHES AND SEIZURES: LEGAL STANDARDS, POLICY, AND PROCEDURES. Goose Creek Ind. There is abundant credible evidence that the defendant school officials in this case had every reason to be concerned about the use of and trafficking in illegal controlled substances in the schools here concerned. 1977) (mem.) v. Acton 49 Trinidad Sch. Whether or not the Exclusionary Rule is coextensive with the Fourth Amendment, and hence applicable in a criminal action based upon a search such as that now in issue, is subject to considerable speculation. See also W. RINGEL, SEARCHES & SEIZURES, ARRESTS AND CONFESSIONS 18.1 (1984). 11, 275 N.E.2d 317 (1971), and Gary Teachers Union No. 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. 259 (1975). Wood v. Strickland Question 10 2 out of 2 points Which court case found that schools have the right to discipline students who present messages that conflict with stated anti-drug policies, even where the evidence of disruption of school activities might be absent? 1331, 1343(3) and 1343(4). 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. 1976) (a three way split on critical issues); U. S. v. Paulson, 7 M.J. 43 (April 9, 1979), reversing on other grounds 2 M.J. 326 (A.F.C.M.R. 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. 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. 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. The use of the canine units was decided upon only after the upsurge in drug use at the schools. VLEX uses login cookies to provide you with a better browsing experience. She was quietly escorted to a nurse's station in the Junior High School and was asked to remain in the waiting room. Such a regulation of a student's movement in no way denies that person any constitutionally guaranteed right. That is to say, immunity exists if the official acts in good faith and not in ignorance or disregard of settled indisputable principles of law. Commonwealth v. Dingfelt, 227 Pa.Super. In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. See Fulero, supra, 162 U.S.App.D.C. This Court finds that joinder would have been permissible and that in light of counsel's motion to dismiss party plaintiffs it now DENIES plaintiff's motion for class certification. Rptr. Both parties have moved for a summary judgment, pursuant to F.R.C.P. 466, 47 C.M.R. The Circuit Court for the District of Columbia responded that defendant's contention was "frivolous" and that the actions of the police were responsible and not in violation of any constitutionally protected rights. Unit School Dist. Search of Student & Lockers 47 New Jersey v. T.L.O. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. Jurisdiction is alleged to exist by virtue of 28 U.S.C. 47 (N.D.N.Y. Dunaway v. New York,--- U.S. ----, ----, 99 S. Ct. 2248, 60 L. Ed. 2d 355 (1977). 4 den., 421 U.S. 921, 95 S. Ct. 1589, 43 L. Ed. 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. I.C. 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. Also requested by plaintiff is a class certification of all persons who were enrolled at Highland High School and Highland Junior High School who were subject to the complained of activities or those who would be enrolled hereafter as such students in those institutions. 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, reasonableness based on offense Unit School Dist. 1971); see also Barrett v. United Hospital, 376 F.Supp. 1974). 2d 419 (1970). Each team consisted of a school administrator or teacher, a dog and its handler and a uniformed police officer. The unnecessary duplication of sanctions is evident in either case. It is settled case law that school officials possess a qualified immunity with respect to acts performed within the course of their duties. 1043 - WARREN v. NATIONAL ASS'N OF SEC. 1977). 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. The missing money was never located. 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 existence of such odors often provides useful information to investigative law enforcement officers concerning the location and proximity of illegal controlled substances. Rule 56. Once inside the room, no student left prior to the alleged search now the subject of this action. [1] Also, during this four week period, school administrators received daily reports from faculty, students and parents concerning the use of drugs within the Junior and Senior High Schools. Sign up for our free summaries and get the latest delivered directly to you. Ass'n, 362 F.Supp. See East Texas Motor Freight System v. Rodriquez,431 U.S. 395, 97 S. Ct. 1891, 52 L. Ed. In this case, the teacher initiated a strip search after being informed by [3] Also present at this meeting was Patricia Little, a trainer of drug detecting canines. Bellnier v. Lund, 438 F. Supp. 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. 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