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? 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. 856, 862, 6 L.Ed.2d 45 (1961). 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. Those members of the proposed class are not so numerous so as to make joinder of them as parties impracticable. It was only upon a continued alert of the trained canine that the school officials based their decision to search the plaintiff. The boundaries of that immunity were defined in Wood as containing both objective and subjective elements. 1977). Doe v. Bd., supra. Factors considered important when determining the reasonableness of a student search are: (1) the student's age; (2) the *1025 student'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. 1976). Compare Wooley v. Maynard,430 U.S. 705, 97 S. Ct. 1428, 51 L. Ed. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. 1971); see also Barrett v. United Hospital, 376 F.Supp. The Fourth Amendment recognizes that for each individual there is a sphere of privacy which that individual can justifiedly expect government officials not to invade. 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. [12] United States v. Fulero (footlocker); United States v. Bronstein (suitcase); United States v. Solis (semi-trailer); United States v. Venema (rented locker). 1970); In re G.,11 Cal. United States District Court, N. D. Indiana, Hammond Division. Bellnier v. Lund, 438 F. Supp. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. Again, this is a long and well 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. 47, 54 (N. D. N. Y. Brooks v. Flagg Brothers, Inc., supra. 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. Border searches are subject to a modified probable cause requirement and are excepted from the warrant requirement. Rptr. Lund boats use high end materials in their construction, like 5052 H 34 Aluminum, the most durable in the industry, precision molds and automotive paint finishes that will turn heads. 206, 498 F.2d 748 (1974), a marijuana-sniffing dog was allowed to sniff the air around a footlocker in a bus depot. 3d 1193, 90 Cal. . Bellnier v. Lund, 438 F.Supp. This Court will not charge school officials with "predicting the future course of constitutional law." This is an action whereby the plaintiff children, through their parents comme next friends, seek redress for an allegedly unlawful strip search claimed to have been conducted or condoned by defendants, all of whom are employed by the Auburn Enlarged City School District in one capacity or another. It has long been established that law enforcement personnel can and must use the basic human senses in the detection of crime. Turning next to the search aspect of the Fourth Amendment, the issue becomes whether the activity of the defendants on the morning in question prior to any alert by the trained dogs was a search and, if so, whether the search, although warrantless, was reasonable. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. You already receive all suggested Justia Opinion Summary Newsletters. at 292.[13]. Ball-Chatham C.U.S.D. 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. 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. The Supreme Court established in New Jersey v. T.L.O. 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. It is settled case law that school officials possess a qualified immunity with respect to acts performed within the course of their duties. 47 (N.D.N.Y. 2d 188 (1966). See, e. g., Education. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. Plaintiff was asked if she had ever used marijuana to which she answered she had not. App. Plaintiff Doe was one of those students to which a dog continued to alert after she emptied her pockets. Of those eleven, only three other students were subject to the unlawful nude search. Various police departments were one such resource. 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. Dist. In doing so, such school officials are not acting as police officers but are simply meeting their obligations as school officials. Once inside the room, no student left prior to the alleged search now the subject of this action. at 999-1001; see also Picha v. Wielgos, supra. However, Little and the other trainers did advise the school officials, upon their dogs' continued alert, of the necessity of a pocket and/or purse search. 5,429 F. Supp. 5,429 F. Supp. 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. Movement from class to class entails intrusions upon the students' freedoms. 4 665 - FLORES v. MEESE, United States District Court, C.D. Therefore, this Court finds that the defendant school officials are immune from liability arising out of the search and are entitled to summary judgment on the issue of monetary damages. [7] Plaintiff emphasizes the occupations of the volunteer dog handlers used in this investigation as being predominately law enforcement employees. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. 1 Wigmore, Evidence, Section 177(2) (3d Ed. Obviously, under the reasoning of Johnson and Chadwick a description of a dog's conduct, training and experience by a knowledgeable person who can interpret the conduct of the dog as signaling the presence of a controlled substance would constitute the minimal requirement for finding probable cause. Moreover, uniformed police officers are, unfortunately, not an uncommon sight in today's public schools. 2d 45 (1961). [8] Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. Please support our work with a donation. Upon being asked to enter the inner office, two women introduced themselves to the plaintiff. 2d 305 (1978). It is generally known that marijuana radiates a distinctive odor which can be detected by humans acquainted with it, and by trained dogs. 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. 1343(3) and 1343(4). 2d 355 (1977). There were no facts, however, which allowed the officials to particularize with respect to which students might possess the money, something which has time and again, with exceptions not relevant to this case, been found to be necessary to a reasonable search under the Fourth Amendment. Such a regulation of a student's movement in no way denies that person any constitutionally guaranteed right. 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. By conducting the pocket search, the school officials did not violate the plaintiff's right to be secure against unreasonable search and seizure. The use of the canine units was decided upon only after the upsurge in drug use at the schools. See also State v. Baccino, supra. 2d 617 (1977). 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. 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. ; Login; Upload 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. reasonable cause test); Bellnier v. Lund, 438 F. Supp. 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. Although unknown by the students, those uniformed officers in the halls that morning were under orders not to pursue any students outside the building. 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. This Court now rules on all three forms of relief, declaratory judgment, injunction, and damages. Use of the dogs to detect where those drugs were located was not unreasonable under the circumstances. The Supreme Court established in New Jersey v. T.L.O. 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. It was not unusual for students to be kept in their classrooms longer than the normal periods. 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. 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. Respect for individual dignity of the student was carefully maintained. Plaintiff brings her action pursuant to both sections 1983 and 1985 of Title 42 U.S.C. 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. Uniformed police officers and school administrators were present in the halls during the entire investigation. The continued alert by the trained canine alone is insufficient to justify such a search because the animal reacts only to the scent or odor of the marijuana plant, not the substance itself. den., 421 U.S. 921, 95 S. Ct. 1589, 43 L. Ed. Donate Now Interest of LLv. Advanced A.I. No. 780 (D.S.Dak.S.D.1973). Renfrow was not present. Students are exposed to various intrusions into their classroom environment. This case is therefore an appropriate one for a summary judgment. 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. Subscribers are able to see a list of all the documents that have cited the case. Ms. Little with her vast experience in the training of dogs was another resource. She contacted the various dog handlers in regard to their availability for the inspection informing them of the time and place. App. Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. 556 (1973); U. S. v. Thomas, 1 M.J. 397 (C.M.A. 2d 419 (1970). reasonableness based on offense On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N. J., discovered two girls smoking in a lavatory. LEGION, United States District Court, E. D. . 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. 28 U.S.C. Since no search was performed up until the time the dogs alerted, no warrant was necessary for the initial observation by the school officials. This regard, is the compulsory education provision, education law 3205, and its companion sections and of... 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