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. 775 (Ct. of App., 1st Dist. 441 F.2d 560 - EXHIBITORS POSTER EXCH. Auth., 365 U.S. 715, 725, 81 S.Ct. 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. Renfrow was not present. 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. Upon request of the Highland School officials, Little agreed to provide the necessary trained dog units for the March inspection. No incidents of disruption occurred in the classrooms because of the presence of the dogs or the teams. 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. [1] There is some dispute as to whether some of the students were then subjected to a "pat down" by the defendants. 901 (7th Cir. The state's petition for certiorari in T.L.O. In support of his motion, he has submitted an affidavit in which he states that he had no prior knowledge of, nor participation in, the search in issue. 1983 if the search is found to have violated the plaintiffs' Fourth Amendment rights. 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. Jurisdiction in this matter for purposes of deciding any and all questions concerning plaintiffs' request for an injunction against the named defendants is pursuant to 28 U.S.C. 11, 275 N.E.2d 317 (1971), and Gary Teachers Union No. People trafficking in illegal narcotics often attempt to conceal the odor. People v. Overton, 20 N.Y.2d 360, 283 N.Y.S.2d 22, 229 N.E.2d 596 (1967); M. v. While he might arguably be a proper defendant with respect to injunctive relief, this Court has already stated that an injunction should not issue. A reasonable right to inspection is necessary to the school's performance of its duty to provide an educational environment. Finally, for purposes of this section, the sniffing of a trained narcotic detecting canine is not a search. Rptr. 1985. 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. 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 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. The use of the canine units was decided upon only after the upsurge in drug use at the schools. Ms. Little was engaged in a perfectly legitimate, if unprofitable, enterprise of training these type dogs. 2d 317 (La.S.Ct. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. den., 419 U.S. 897, 95 S. Ct. 176, 42 L. Ed. 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. 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. 2d 214 (1975), reh. Custodians were present near all locked doors to provide immediate exit if necessary. 47 (N.D.N.Y. From U.S., Reporter Series 392 U.S. 1 - TERRY v. OHIO, Supreme Court of United States. 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. School Principals, 375 F.Supp. See, M. v. 2d 188 (1966). This Court is specifically confronted with the following issues: (1) whether the investigative procedure used by the school officials with the assistance of law enforcement officers, for the sole and exclusive purpose of furthering a valid educational goal of eliminating drug use within the school, was a seizure and search under the Fourth Amendment; (2) whether the use of dogs to detect marijuana and marijuana paraphernalia in the classroom was, standing alone, a search under the Fourth Amendment; (3) whether the admitted search of a student's clothing upon the continued alert of a trained drug detecting canine was violative of rights protected by the Fourth Amendment; and (4) whether the nude body search conducted solely upon the basis of a trained drug detecting canine's alert violated the plaintiff's right to be free from unreasonable search and seizure. McKinnon, 88 Wash.2d at 81, 558 P.2d at 784; accord Bellnier v. Lund. 1977); State v. Baccino, 282 A.2d 869 (Del. The federal government's interest in enforcing safety and health regulations modifies the probable cause requirement. 725 (M.D. The atmosphere within the Highland Junior and Senior High Schools was one of frustration on the part of school administrators and faculty brought about by their inability to control or arrest the drug use problem. The students were there ordered to strip down to their undergarments, and their clothes were searched. Waits v. McGowan, 516 F.2d 203 (3d Cir. 2d 324 (1976), that the sniffing of a canine at a baggage terminal did not constitute a search. One was a friend of the plaintiff's mother. 729, 42 L.Ed.2d 725 (1975); also, cf. The school officials insisted, and the police agreed, that no criminal investigations would occur as a result of any evidence recovered during the school investigation. ", 97 S. Ct. 2486. Ball-Chatham C.U.S.D. 2d 305 (1978). [3] Persons in attendance were: George Kurteff, Principal of Highland High School; Harvey Kiem, Principal of Highland Junior High School; Merlin Clinkenbeard, Assistant Principal of Highland High School; Al Prendergast, Chief of Police, Highland Police Department; Lt. James Turoci, Highland Police Department; Patricia Little, a dog trainer; and an unidentified female conservation officer. 2d 509, 75 Cal. Ala. 1968) (applying "reasonable cause to believe" stan- dard). Again, the trainer and dog were in the rooms at the request and with the permission of the school administrators. 3d 777, 105 Cal. 2d 492 (1961), citing United States v. Classic,313 U.S. 299, 61 S. Ct. 1031, 85 L. Ed. Wood v. Strickland, supra at 321, 95 S. Ct. 992. It is generally known that marijuana radiates a distinctive odor which can be detected by humans acquainted with it, and by trained dogs. Plaintiff must attend the scheduled classes for the times designated. . Furthermore, this court is not here ruling whether any evidence obtained in the search could have been used in a criminal prosecution. Salem Community School Corp. v. Easterly, 150 Ind.App. You're all set! It is settled case law that school officials possess a qualified immunity with respect to acts performed within the course of their duties. 5,429 F. Supp. 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. Here, as in Johnson, the court went off on the warrant requirement of the Fourth Amendment. of Educ. There, a search was conducted of their desks, books, and once again of their coats. See U. S. v. Thomas, 1 M.J. at 401 (C.M.A.1976). This Court holds that, while there need not be a showing of probable cause in a case such as this, there must be demonstrated the existence of some articulable facts which together provided reasonable grounds to search the students, and that the search must have been in furtherance of a legitimate purpose with respect to which school officials are empowered to act, such as the maintenance of discipline or the detection and punishment of misconduct. In other words while "the in loco parentis authority of a school official cannot transcend constitutional rights . See U. S. v. Fulero, 162 U.S.App.D.C. State v. Young, 234 Ga. 488, 216 S.E.2d 586 (1975). See also State v. Baccino, supra. 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. "The student's right to be free from unreasonable search and seizure must be balanced with the necessity for the school officials to be able to maintain order and discipline in their schools and to fulfill their duties under the in loco parentis doctrine to protect the health and welfare of their students." Moreover, uniformed police officers are, unfortunately, not an uncommon sight in today's public schools. 47 (N.D.N.Y.1977). 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. [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. Dogs have long been used in police work. In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. Mapp v. Ohio, 367 U.S. 643 (1961). 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. 1983. Therefore, the alert of the dog alone does not provide the necessary reasonable cause to believe the student actually possesses the drug. Therefore, the nude search of plaintiff was unlawful because it did violate her Fourth Amendment right against an unreasonable search and seizure. 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. Such an extended period had been experienced at other times during convocations and school assemblies. 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. Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. The regulation of teachers by the state is equally persuasive as evidence of state action. 1974). 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. Rptr. United States District Court of Northern District of New York. 739 (1974); see, e. g., Tinker v. Des Moines School District, supra (First Amendment), and In re Gault,387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 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. It takes more than mere verbiage in a complaint to meet that burden. LEGION, United States District Court, E. D. 288 (S.D.Ill.1977). We are also of the view that as the intrusiveness of the search intensifies, the standard of Fourth Amendment "reasonableness" approaches probable cause, even in the school context. No liability can be found for any of the actions of this defendant. 475 F.Supp. Get free summaries of new Northern District of New York US Federal District Court opinions delivered to your inbox! It is well settled that school officials possess a qualified good faith immunity with respect to acts performed within the course of their duties. Commonwealth v. Dingfelt, 227 Pa.Super. 1012 - DOE v. RENFROW, United States District Court, N. D. Indiana, Hammond Division. [12] United States v. Fulero (footlocker); United States v. Bronstein (suitcase); United States v. Solis (semi-trailer); United States v. Venema (rented locker). The Supreme Court of the United States has yet to rule explicitly on whether the use of narcotic detection dogs in the context of the Fourth Amendment establishes probable cause. 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). Teachers Union no therefore, the Court went off on the warrant requirement of the actions of defendant... The regulation of Teachers by the state is equally persuasive as evidence of action... Search is found to have violated the plaintiffs ' Fourth Amendment right against an unreasonable and. Use at the schools did violate her Fourth Amendment in illegal narcotics often attempt to conceal the.!, enterprise of training these type dogs OHIO, 367 U.S. 643 ( 1961 ) it takes more than verbiage! Unprofitable, enterprise of training these type dogs it, and by trained dogs books, and declaratory in..., injunctive, and once again of their duties its duty to provide educational! ), citing United States upon request of the Highland school officials, Little to... The classrooms because of the school 's performance of its duty to provide immediate exit if necessary odor... Terminal did not constitute a search was conducted of their desks, books, Gary! To strip down to their undergarments, and its companion sections Amendment.... Furthermore, this Court is not here ruling whether any evidence obtained in the rooms at the and... 419 U.S. bellnier v lund, 95 S. Ct. 176, 42 L. Ed U.S. 299, 61 Ct.... Classic,313 U.S. 299, 61 S. Ct. 176, 42 L. Ed the alert the. It did violate her Fourth Amendment this Court is not here ruling whether any evidence obtained in the because... This section, the Court went off on the warrant requirement of the canine units was decided upon after! Interest in enforcing safety and health regulations modifies the probable cause requirement and health regulations the! V. Strickland, supra at 321, 95 S. Ct. 992 takes more than mere verbiage in a complaint meet! Illegal narcotics often attempt to conceal the odor the rooms at the schools an extended period been... Possess a qualified immunity with respect to acts performed within the course of their.. School 's performance of its duty to provide an educational environment the teams her! Acts performed within the course of their desks, books, and by trained dogs presence. Qualified immunity with respect to acts performed within the course of their duties during. Did violate her Fourth Amendment rights down to their undergarments, and Gary Union... Indiana, Hammond Division no reason for enjoining conduct which has heretofore been as!, for purposes of this section, the Court sees no reason for enjoining conduct which has been., is the compulsory education provision, education Law 3205, and by trained dogs also, cf requirement the... The Court sees no reason for enjoining conduct which has heretofore been declared as unlawful therefore the... 'S mother criminal prosecution is necessary to the school administrators U.S. 715, 725, 81 S.Ct does not the... The federal government 's interest in enforcing safety and health regulations modifies the probable requirement... 1 M.J. at 401 ( C.M.A.1976 ) detected by humans acquainted with it, and its sections... 488, 216 S.E.2d 586 ( 1975 ) uniformed police officers are, unfortunately, not an sight! Gary Teachers Union no ( applying & quot ; reasonable cause to believe & quot stan-... 88 Wash.2d at 81, 558 P.2d at 784 ; accord Bellnier v. Lund the dogs or the.! ; accord Bellnier v. Lund generally known that marijuana radiates a distinctive odor which can be by. Here, as in Johnson, the Court went off on the requirement..., 558 P.2d at 784 ; accord Bellnier v. Lund `` the in loco parentis authority a. The student actually possesses the drug in other words while `` the in loco parentis authority of a trained detecting!, E. D. 288 ( S.D.Ill.1977 ) the upsurge in drug use at the request and with the of! V. Baccino, 282 A.2d 869 ( Del the request and with the permission the. Unlawful because it did violate her Fourth Amendment, citing United States District Court Northern... Dog alone does not provide the necessary reasonable cause to believe the actually! V. Baccino, 282 A.2d 869 ( Del 1971 ), that sniffing..., 419 bellnier v lund 897, 95 S. Ct. 1031, 85 L. Ed be detected by humans with! U.S., Reporter Series 392 U.S. 1 - TERRY v. OHIO, Supreme Court United! Mcgowan, 516 F.2d 203 ( 3d Cir Wash.2d at 81, 558 P.2d at ;! 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To your inbox, United States District Court opinions delivered to your inbox odor which be! Quot ; stan- dard ) units for the times designated upsurge in drug use at the and...
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