856, 862, 6 L.Ed.2d 45 (1961). There, a search was conducted of their desks, books, and once again of their coats. As this Court saw and heard her in the court room, there is absolutely nothing sinister about her. 1975), cert. State v. Young, 234 Ga. 488, 216 S.E.2d 586 (1975). 2534, 2542-2543, 69 L.Ed.2d 262). [1] The 13 students involved in drug related incidents were withdrawn from the school system. Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. Search of Student & Lockers 47 New Jersey v. T.L.O. See also State v. Baccino, supra. The plaintiffs are therefore entitled to a summary judgment to that effect, except with respect to defendant Knox. No liability can be found for any of the actions of this defendant. dents. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. Although the problem of illicit drug use within the schools was not a novel one in Highland before 1978, it became progressively more acute and more visible within the Senior and Junior High Schools during the 1978 academic year. As a corollary to the state action rule, it is generally stated that to prove a cause of action under 1983, one need not show that the constitutional or statutory infringement complained of is supported by state law, as long as there is some nexus between the state involvement and the deprivation. 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 ) . 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. In Lopez, suspension of students by a principal was found to constitute state action where the procedures used and challenged on Due Process grounds were expressly provided for in the Ohio Constitution, and state statutes and corresponding regulations. The plaintiff has prayed for two forms of relief in the present action and has reserved on the prayer for damages. 1832). Dist., 26 F.Supp.2d 1189, 1201 (D.S.D.1998); Oliver, 919 F.Supp. 780 (D.S.Dak.S.D.1973). United States District Court, N. D. Indiana, Hammond Division. 2d 527 (1967) (Procedural Due Process). 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. den., 421 U.S. 921, 95 S. Ct. 1589, 43 L. Ed. Border searches are subject to a modified probable cause requirement and are excepted from the warrant requirement. A search of those items failed to reveal the missing money. Four such teams were used in the Senior High School building and two were operating in the Junior High School rooms. 340, 367 N.E.2d 949 (1977). 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. (2 times) View All Authorities Share Support FLP CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. 681 F.Supp. Renfrow was not present. 47 - BELLNIER v. LUND, United States District Court, N. D. New York. Additionally, two students were suspended by the administration because they were found to be in possession of drug paraphernalia. United States State Supreme Court (California), United States State Supreme Court (New Jersey), New Mexico Court of Appeals of New Mexico. den., 421 U.S. 921, 95 S. Ct. 1589, 43 L. Ed. 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. The students were then asked to empty their pockets and remove their shoes. United States v. Coles,302 F. Supp. Auth.,365 U.S. 715, 725, 81 S. Ct. 856, 862, 6 L. Ed. App. *1027 This Court finds no constitutional fault with the basic plan and program as executed. Find many great new & used options and get the best deals for Law and American Education : A Case Brief Approach by Karen Palestini Falk and Robert Palestini (2012, Hardcover, Revised edition) at the best online prices at eBay! Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. 47 (N.D.N.Y. Pendergast did not participate in the illegal search of plaintiff Doe, nor does any evidence show he conducted the search. The First Circuit had held that such provided probable cause to believe that the footlocker contained a controlled substance. *1013 *1014 Myrna Hart, Valparaiso University School of Law, Valparaiso, Ind., David Goldberger, Joseph A. Morris, Chicago, Ill., for plaintiffs. (Bellnier v. Lund (N.D.N.Y.1977), Donovan v. Dewey (1981) 452 U.S. 594, 606-607, 101 S.Ct. 17710, United States District Courts. In Lopez, suspension of students by a principal was found to constitute state action where the procedures used and challenged on Due Process grounds were expressly provided for in the Ohio Constitution, and state statutes and corresponding regulations. 1368 (1941); see also Brooks v. Flagg Brothers, Inc., 553 F.2d 764 (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. These school officials can secure proper aids to supplement and assist basic human senses. 1971), with Warren v. National Ass'n of Sec. 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. Nor does the fact that the officials had no information about specific students and drug possession invalidate the use of the dogs. GALFORD v. MARK ANTHONY B on CaseMine. 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. Subscribers are able to see the revised versions of legislation with amendments. 288 (S.D.Ill.1977). Cal. This case is therefore an appropriate one for a summary judgment. 47 (N.D.N.Y. These areas may be searched on a school-wide or individual basis when the school determines there is cause to conduct such a search. They also knew the intention by school officials to ask certain students to empty pockets or purses if the dog's alert continued. Searches of Places See U. S. v. Middleton, 3 M.J. 425 (C.M.A.1977). 375 F.Supp. No fault is found with requiring a student to empty clothing pockets and/or purses upon the alert of a properly trained dog conducted by a properly trained person. Bellnier v. Lund,438 F. Supp. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. The extent to which the Fourth Amendment, and its coordinate remedy, the Exclusionary Rule, apply to searches of students while in school, however, is far from clear. 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. 102 (1972); Doe v. State, 88 N.M. 347, 540 P.2d 827 (1975); People v. Scott D., 34 N.Y.2d 483, The superior court's concern with the teacher's duty and the doctrine of in . Moore v. Student Affairs Committee of Troy State University, supra; M. v. Board of Education Ball-Chatham Comm. 1974) In Re Ronald B., 61 AD2d 204 (1978) People v. Haskins, 48 AD2d 480 (1975) People v. Overton, 24 NY2d 522 (1967) Opinion of Counsel, 1 EDR 800 (1959) Opinion of Counsel, 1 EDR 766 (1952) 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. At Great Lakes Skipper, we stock the parts you need to keep your Lund aluminum bass boats looking their best. People v. D., supra; see also Buss, The Fourth Amendment and Searches in Public Schools, supra. [12] United States v. Fulero (footlocker); United States v. Bronstein (suitcase); United States v. Solis (semi-trailer); United States v. Venema (rented locker). Salem Community School Corp. v. Easterly, 150 Ind.App. That immunity exists if the official acts in good faith and not in ignorance or disregard of settled indisputable principles of law. This is true because the defendants are no longer in a position of authority with respect to plaintiffs to carry out another search of the kind now complained of. 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. 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. 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. 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. Professors, teachers and school administrators are increasingly faced with concerns not even thought of in previous decades. 2d 305 (1978). 2nd Circuit. Bellnier v. Lund, 438 F. Supp. Neither does the same constitute a per se violation of the Fourth Amendment. 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. Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. Although the subject of using drug detecting canines has not been specifically addressed in this circuit, it has been analyzed in other courts. California. 1974). Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. 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. . Baltic Ind. 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. School officials maintain the discretion and authority for scheduling all student activities each school day. This Court does not, therefore, find the actions of Little during the morning in question to have violated any of plaintiff's constitutional rights. Please support our work with a donation. The outer garments hanging in the coatroom were searched initially. 20 pp. 47 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. All students were treated similarly up until an alert by one of the dogs. 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. 556 (1973); U. S. v. Thomas, 1 M.J. 397 (C.M.A. 1971), with Warren v. National Ass'n of Sec. 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). Marshall v. Barlow's, Inc.,436 U.S. 307, 98 S. Ct. 1816, 56 L. Ed. Because of the increasing use of drugs within the school, students, faculty and administrators suffered a loss of morale at both the Senior and Junior High School. Both parties have moved for a summary judgment, pursuant to F.R.C.P. 282 (1977); Note, Search and SeizureSchool Officials' Authority to Search Students Is Augmented by the In Loco Parentis Doctrine, 5 Fla.St.U.L.Rev. Bookbag and locker searches should be done primarily because it lowers the amounts of deaths and injuries occurring in schools. 220 (1969); 2) the Fourth Amendment applies, but the Exclusionary Rule does not; United States v. Coles,302 F. Supp. Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. 438 F.Supp. This Court nevertheless adheres to the view that the defendant teachers are immune from these damage claims under Wood v. Strickland, supra. Legislation with amendments heard her in the illegal search of plaintiff Doe, nor does any evidence show conducted... 43 L. Ed are excepted from the warrant requirement plan and program as executed buss, the issue of to. 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