2d 453 (1977). Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. K.C.L.Rev. Answers:SelectedAnswer: b. Morse v. Frederick a. And, generally, the Fourth Amendment makes two demands of a government official wishing to carry out a search. 4 Rptr. 47 (N.D.N.Y.1977). The plaintiff further seeks to have the complained of activities of the named defendants permanently enjoined. 1971), with Warren v. National Ass'n of Sec. 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. 1974). Moreover, the decision to strip search an individual student was solely the responsibility of the school officials. See Fulero, supra, 162 U.S.App.D.C. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. In doing so, such school officials are not acting as police officers but are simply meeting their obligations as school officials. So it was with this plan. The students were then asked to empty their pockets and remove their shoes. 47 (N.D.N.Y.1977). The latest circuit to find that the dog's actions of sniffing the air outside a defendant's locker was not a search was in United States v. Venema, 563 F.2d 1003, (10th Cir. The pocket search was conducted in furtherance of the school's legitimate interest in eliminating drug trafficking within the school. Little was contacted by the police department requesting her to attend the March 14, 1979 meeting. 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. 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. 75-CV-237. 2d 725 (1975); also, cf. The existence of such odors often provides useful information to investigative law enforcement officers concerning the location and proximity of illegal controlled substances. 526 (1977). Upon being asked to enter the inner office, two women introduced themselves to the plaintiff. Jurisdiction is alleged to exist by virtue of 28 U.S.C. No. 11, 275 N.E.2d 317 (1971), and Gary Teachers Union No. However, in that case, the corporal punishment was specifically authorized by both state law and a local school board regulation. [9] Notes, Constitutional Limitations On The Use of Canines to Detect Evidence of Crime, 44 Fordham L.Rev. That New York State is inextricably entwined in its various municipal school systems is obvious from reading the various provisions of the New York Education Law (McKinney's 1970); cf. The Katz Court held that police action which intrudes upon and invades an individual's justifiable expectation of privacy constitutes a search within the meaning of the Fourth Amendment. The students were there ordered to strip down to their undergarments, and their clothes were searched. It is generally known that marijuana radiates a distinctive odor which can be detected by humans acquainted with it, and by trained dogs. 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. 2d 649 (1976); U. S. v. Martinez-Miramontes, 494 F.2d 808 (9th Cir. Such an extended period had been experienced at other times during convocations and school assemblies. 206, 498 F.2d 748 (1974), a marijuana-sniffing dog was allowed to sniff the air around a footlocker in a bus depot. See, e. g., Education *52 Law 3202 and 3210. See East Texas Motor Freight System v. Rodriquez,431 U.S. 395, 97 S. Ct. 1891, 52 L. Ed. 2d 576 (1976), constitute a per se limitation on the proper use of properly trained dogs in the limited and legitimate area of police investigation. The pocket search was an invasion of the sphere of privacy which the Fourth Amendment protects; it was a search. No evidence was presented at trial that shows plaintiff was in any way discomforted by the mere fact of being made to continue her class work for an extra 95 minutes. Document Cited authorities 50 Cited in 35 Precedent Map Related Vincent 438 F. Supp. A light relaxed atmosphere was created. 2d 731 (1969). v. South Dakota H. Sch. The students were there ordered to strip down to their undergarments, and their clothes were searched.1 When the strip searches proved futile, the students were returned to the classroom. Free shipping for many products! 682 (Ct. of App., 4th Dist. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. Finally, for purposes of this section, the sniffing of a trained narcotic detecting canine is not a search. In United States v. Fulero, 162 U.S.App.D.C. School Dist., supra at 478-79; People v. Scott D., supra, 34 N.Y.2d at 490; Bellnier v. Lund, supra at 53.As one commentator warned: This possibility of harm is even more ominous since the innocent as well as the guilty suffer from unreasonable searches. 5,429 F. Supp. A search of those items failed to reveal the missing money. United States State Supreme Court (California), United States State Supreme Court (New Jersey), New Mexico Court of Appeals of New Mexico. In the execution of this plan, the school officials sought the aid of other trained persons who had relevant talents from various community resources. 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. 47 - BELLNIER v. LUND, United States District Court, N. D. New York. It is also very clear from the record that some students in this high school are not in sympathy with the claims and contentions of this plaintiff. *48 *49 New York Civil Liberties Union, Alan H. Levine, New York City, of counsel; Clifford Forstadt, Syracuse, N. Y., of counsel, for plaintiffs. U. S. v. Guerra, 554 F.2d 987 (9th Cir. *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. Several hundred parents or patrons of the Highland School System were permitted to intervene as party defendants. A reasonable right to inspection is necessary to the school's performance of its duty to provide an educational environment. We rely on donations for our financial security. *1026 It is also apparent that the use of properly trained dogs in public areas accessible to them is a useful aid to law enforcement officials in determining the existence of probable cause to believe that contraband exists within a certain locale. 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) 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. 436 (1947). 4 v. Gary, 152 Ind.App. There, a search was conducted of their desks, books, and once again of their coats. A search of those items failed to reveal the missing money. See, 28 U.S.C. Each handler participated as an unpaid volunteer with their own dogs.[7]. 1970); In re G.,11 Cal. To carry out this procedure, they requested the assistance of the Highland Police Department and of volunteer canine units experienced in drug detection. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. 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. This site is protected by reCAPTCHA and the Google, Northern District of New York US Federal District Court. Sign up for our free summaries and get the latest delivered directly to you. Not to use drugs was considered not to be "cool" by members of the student body who did use drugs. 1998 -NMCA- 51, Kennedy v. Dexter Consolidated Schools, No. [2] Out of these general reports, two students were identified as drug users, however, after investigation by school officials, no evidence of any drug use was found concerning the named students. See, M. v. The plaintiff has prayed for two forms of relief in the present action and has reserved on the prayer for damages. This Court first distinguishes Katz from this case on the basis that this is not a police action and second, that the students did not have a justifiable expectation of privacy that would preclude a school administrator from sniffing the air around the desks with the aid of a trained drug detecting canine. [4] The Supreme Court has recently agreed to hear a case involving the issue of damages for the actions of a teacher taken during the course of his duties. 1988); Bellnier v. Lund, 438 . No. 2251. Roberts d.Bellnier v. Lund b. 1975), cert. To be sure such conduct of a dog must be interpreted by a knowledgeable person. A review of the pleadings, as supplemented by the affidavits of defendants Lund, Reardon, Parker, Butcher, and Knox, reveals that, with one minor exception which will not affect the outcome of the pending motion, there are no material issues of fact to be determined with respect to the question of defendants' liability. There, a search was conducted of their desks, books, and once again of their coats. The present case clearly falls within the second enumerated category, for which the Young Court suggests that the proper remedy is a civil rights or tort action, rather than exclusion of evidence so obtained from introduction at a criminal trial. Dist. State v. Young, 234 Ga. 488, 216 S.E.2d 586 (1975). Subscribers are able to see a visualisation of a case and its relationships to other cases. Drug use within the school became an activity the school administrator wished to eliminate. 361 (Ct. of App., 1st Dist. 2d 214 (1975), reh. Since no search was performed up until the time the dogs alerted, no warrant was necessary for the initial observation by the school officials. On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N. J., discovered two girls smoking in a lavatory. The school officials did intend, however, to bring any necessary disciplinary actions against students found in possession of contraband. In U. S. v. Solis, the 9th Circuit at 536 F.2d 882 stated: Neither does the reasoning or result in Katz v. U. S.,389 U.S. 347, 88 S. Ct. 507, 19 L. Ed. Bellnier v. Lund Roberts Question:The U.S. Supreme Court ruling that held a school board member liable for damages for violating the constitutional rights of Lee v. 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