As stated by the Court in Potts. 5, supra. 1970); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. The First Circuit had held that such provided probable cause to believe that the footlocker contained a controlled substance. 1974). Subscribers can access the reported version of this case. Act. 1977), a U.S. district court in New York held that a teacher's search was so intrusive as to exceed the reasonable suspicion standard when she initiated a strip search to recover stolen money. Subsequent to oral argument and upon the granting of a motion to dismiss certain party *1015 plaintiffs, made by plaintiffs' counsel, only Diane Doe and her parents as next friends remain as plaintiffs in this action. 1974). App. School Principals, 375 F.Supp. [1] There is some dispute as to whether some of the students were then subjected to a "pat down" by the defendants. 340, 367 N.E.2d 949 (1977). She contacted the various dog handlers in regard to their availability for the inspection informing them of the time and place. 47 (N.D.N.Y. One of these is that of providing an environment free from activities harmful to the educational function and to the individual students. 438 F.Supp. See Fulero, supra, 162 U.S.App.D.C. 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. State v. Young, 234 Ga. 488, 216 S.E.2d 586 (1975). 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. 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. The unnecessary duplication of sanctions is evident in either case. Baltic Ind. (internal citation omitted). Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. App. 1012 - DOE v. RENFROW, United States District Court, N. D. Indiana, Hammond Division. That immunity exists if the official acts in good faith and not in ignorance or disregard of settled indisputable principles of law. This Court now grants summary judgment in favor of both defendant Al Pendergast, Chief of Highland Police Department, and Patricia Little. You're all set! People trafficking in illegal narcotics often attempt to conceal the odor. No student was treated with any malice nor was the operation planned in a way so as to embarrass any particular student. Moreover, granting plaintiff's prayer for injunctive relief as to the other aspects of the inspection complained of would be inconsistent with this Court's findings. 1977). Bellnier v. Lund, 438 F. Supp. Security, 581 F.2d 1167 (6th Cir. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. 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. It is this Court's finding that no such Fourth Amendment probable cause can be found in this record as to the body search of the only individual plaintiff remaining in this case. See also State v. Baccino, supra. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. Waits v. McGowan, 516 F.2d 203 (3d 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. [13] This Court notes the state of the law is unclear as to whether the Fourth Amendment and its coordinate remedy, the Exclusionary Rule, apply in full force to searches of students. *1027 This Court finds no constitutional fault with the basic plan and program as executed. Presentation of any evidence of possible damages was reserved until this Court's determination on the above issues. Movement from class to class entails intrusions upon the students' freedoms. 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. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. The facts indicate that a girl and her companion were discovered smoking in the school lavatory in violation of school rules. 2d 538 (1977), a marijuana detection dog signaled the presence of a controlled substance (marijuana) inside a footlocker. 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 *51 law. Such a class would be certified pursuant to F.R.C.P. 1975), cert. 1975), cert. Bd., supra; Bellnier v. Lund,438 F. Supp. 1977); State v. Baccino, 282 A.2d 869 (Del. Click on the case name to see the full text of the citing case. 75-CV-237. Body searches involved extensive examination of the student's clothing entailing the removal of some of the garments. Although the subject of using drug detecting canines has not been specifically addressed in this circuit, it has been analyzed in other courts. 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. 47 (N.D.N.Y.1977). Ball-Chatham C.U.S.D. 1971), with Warren v. National Ass'n of Sec. Four such teams were used in the Senior High School building and two were operating in the Junior High School rooms. 276 The Clearing House May/June 1995 ing. However, in that case, the corporal punishment was specifically authorized by both state law and a local school board regulation. 47 (N.D.N.Y. You already receive all suggested Justia Opinion Summary Newsletters. The outer garments hanging in the coatroom were searched initially. 1331, 1343(3) and 1343(4). She was not paid for her services that day, nor was she reimbursed for any expenses incurred. There is nothing sinister about her enterprise. So it was with this plan. Moreover, the fact that the law is markedly unsettled on the issue of student searches in schools is aptly illustrated by the diversity of results and theories contained in the cases cited earlier in this opinion. The response prompted the assistant vice principal 53 VI. [9] Notes, Constitutional Limitations On The Use of Canines to Detect Evidence of Crime, 44 Fordham L.Rev. 2d 214 (1975), reh. On March 23, 1979, a school wide drug inspection was conducted by the administrators of the Highland School System with the assistance of the Highland Police Department and volunteer canine units trained in marijuana detection. Document Cited authorities 50 Cited in 35 Precedent Map Related Vincent 438 F. Supp. Maintaining an educationally productive atmosphere within the school rests upon the school administrator certain heavy responsibilities. First, the government *1023 official must have probable cause to believe that the law has been or is being violated. As was stated by the Court in Wood. CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. 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. In doing so, it should be emphasized that the defendants proceed as school officials and not, per se, as policemen. 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. The academy trains and certifies dogs and their handlers in the detection of marijuana and explosives as well as in tracking and attack. There can be no doubt that, as the plaintiffs state, the notion that an infant student sheds all of his constitutional rights when he enters the school house door is steadily being dispelled by the courts. 1589, 43 L.Ed.2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. 2d 355 (1977). 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. v. South Dakota H. Sch. Once inside the room, no student left prior to the alleged search now the subject of this action. that reconciling the privacy interests of children with the needs of schools to maintain order does not require strict adherence to a probable cause standard for Fourth Amendment purposes. Both were escorted to the principal's office where the student denied smok-275. No. and Educ. Uniformed police officers and school administrators were present in the halls during the entire investigation. 1971) aff'd, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 (1972); In re C.,26 Cal. After each alert, the student was asked to empty his or her pockets or purse. 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. Dogs have long been used in police work. For example in Bellnier v. Lund, 438 F.Supp.47 (N.D.N.Y. 1983 in an action for declaratory judgment and damages. 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. [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. 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. Fourteen handlers and their dogs participated during the inspection. In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. Border searches are subject to a modified probable cause requirement and are excepted from the warrant requirement. As was appropriately noted by the New York Court of Appeals in a unanimous opinion. Little's main responsibility was to coordinate the efforts of the school officials with the dog handlers. In this case, the court finds the search unreasonable because no facts exist, other than the dog's alert, which would reasonably lead the school officials to believe the plaintiff possessed any drugs. Moore v. Student Affairs Committee of Troy State Univ.,284 F. Supp. *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. In Moore v. Student Affairs Committee of Troy State University,284 F. Supp. 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. Northwestern Sch. 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. 556 (1973); U. S. v. Thomas, 1 M.J. 397 (C.M.A. Accordingly, this Court holds that the defendants may be held liable under 42 U.S.C. It cannot be disputed that the school's interest in maintaining the safety, health and education of its students justified its grappling with the grave, even lethal, threat of drug abuse. There is also a basic burden to demonstrate that the plaintiff will be an adequate representative of the other members of a class. 2d 731 (1969). The Supreme Court of the United States has long recognized that such odors can be convincing evidence of probable cause. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. A canine team visited each classroom in both the Junior and Senior High School buildings. Considering first plaintiff's contention that the investigation of March 23, 1979 constituted a mass detention and deprivation of freedom in violation of the Fourth Amendment, this Court finds the assertion to be without merit. 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. View Case; Cited Cases; Citing Case ; Cited Cases . Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. Dist. 47, 52 (N.D.N.Y. 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. Picha v. Wielgos, supra. 1976). As this Court saw and heard her in the court room, there is absolutely nothing sinister about her. 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.3 Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. 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. Since no search was performed up until the time the dogs alerted, no warrant was necessary for the initial observation by the school officials. 780 (D.S.Dak.S.D.1973). 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. The plaintiffs have failed to allege in their Complaint that the actions were not taken in good faith. 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., 34 N.Y.2d 490, 358 N.Y.S.2d 410, 315 N.E.2d 471. 1972); In re G. C., 121 N.J.Super. Subscribers are able to see a list of all the cited cases and legislation of a document. App. 515 (S.D.Ind.1970). 2d 305 (1978). Case 3:19-cv-00513-GTS-ATB Document 163 Filed 01/20/21 Page 3 of 55. 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 Second Circuit Court of Appeals held in United States v. Bronstein, 521 F.2d 459 (2d Cir. Subjecting a student to a nude search is more than just the mild inconvenience of a pocket search, rather, it is an intrusion into an individual's basic justifiable expectation of privacy. Coordinate the efforts of the United States Constitution, per se, as well as the Fourth, Ninth Fourteenth! Of a class would be certified pursuant to F.R.C.P bellnier v lund in 35 Precedent Map Related Vincent 438 F... L.Ed.2D 790 ( 1975 ) waits v. McGowan, 516 F.2d 203 ( 3d Cir a way so to... By the Auburn Enlarged City School District as the Superintendent of Schools 's determination on case... Treated with any malice nor was she reimbursed for any expenses incurred and program as executed the Second Court... Classroom in both the Junior and Senior High School buildings N.Y.2d 734, N.Y.S.2d. 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