of Ed. Roberts d.Bellnier v. Lund b. Bellnier v. Lund, No. 1977) (mem.) Burton v. Wilmington Pkg. Commonwealth v. Dingfelt, 227 Pa.Super. Nevertheless, it is clear that in imposing the Exclusionary Rule upon the states as a remedial measure, the Court in Mapp did not by any means intend to deprive a person subjected to an unlawful search or seizure of his civil remedies, among them being recourse to a civil rights action under 42 U.S.C. *48 *49 New York Civil Liberties Union, Alan H. Levine, New York City, of counsel; Clifford Forstadt, Syracuse, N. Y., of counsel, for plaintiffs. School Principals,375 F. Supp. Rptr. The Second Circuit Court of Appeals held in United States v. Bronstein, 521 F.2d 459 (2d Cir. The state's petition for certiorari in T.L.O. After extensive oral argument and presentation of evidence on June 7, 1979, this Court dismissed all but the above captioned defendants. Document Cited authorities 50 Cited in 35 Precedent Map Related Vincent 438 F. Supp. 28 U.S.C. Such a regulation of a student's movement in no way denies that person any constitutionally guaranteed right. Both were escorted to the principal's office where the student denied smok-275. Business seller information Presentation Goals. Bellnier v. Lund, 438 F. Supp. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. 47, 53 (N.D.N.Y.1977). 1975), cert. 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). 2d 433 (1979). 259 (1975). Although the students were requested to remain in their first period classes, those wishing to use the washroom facilities were accommodated by an escort to the washroom door. 1983. Little did not suggest that a strip search procedure be implemented nor did she know that a strip search was conducted the day in question until after the inspection. v. South Dakota H. Sch. 2d 324; U. S. v. Pond, 523 F.2d 210 (2d Cir. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. den., 421 U.S. 921, 95 S. Ct. 1589, 43 L. Ed. 288 (S.D.Ill.1977); Bellnier v. Lund,438 F. Supp. Their presence does not change the actions of the school official from that of supervision in loco parentis to that of an unwarranted search. As a result of the investigation seventeen students were found in possession of drugs; twelve of those students withdrew voluntarily from school and three students were expelled pursuant to the due process statutes of the State of Indiana. Fifty students were alerted to by the drug detecting canines on the morning in question. The plaintiffs have prayed for three forms of relief, seeking a declaratory judgment, damages, and an injunction. The inspection occurred in both the Junior and Senior High School campuses and began during the first period class. 2. Testimony at trial indicated the students used several types of drugs including alcohol, marijuana, and PCP, an animal tranquilizer. See also W. RINGEL, SEARCHES & SEIZURES, ARRESTS AND CONFESSIONS 18.1 (1984). 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. Her search was conducted in an atmosphere designed to reduce to a minimum any apprehension or embarrassment. 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. 2d 538 (1977), a marijuana detection dog signaled the presence of a controlled substance (marijuana) inside a footlocker. Rule 56. There is a heavy if not total carryover of the ideas expressed to administration of the public schools. 4:1 . 2251. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. 1832). Unit School Dist. 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. 1973); People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 (App. 20-8.1-5-5 et seq. Compare Wooley v. Maynard,430 U.S. 705, 97 S. Ct. 1428, 51 L. Ed. Being aware of prior complaints from class members of missing money, lunches, and other items, and knowing that no one had left the class-room that morning, defendant Reardon commenced a search of the class, with the aid of fellow teachers and school officials, all of whom are named as defendants herein. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. Moreover, each handler, provided their dog at their own expense and was not representing any law enforcement agency while at the schools. 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. 1343(3) and 1343(4). Presentation of any evidence of possible damages was reserved until this Court's determination on the above issues. In making such an analysis, some factors which warrant consideration are: 1) the child's age; 2) the child'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. 1983 if the search is found to have violated the plaintiffs' Fourth Amendment rights. Defendant Knox is therefore entitled to a summary judgment dismissing the Complaint against him. ; Login; Upload LEGION, United States District Court, E. D. In order to keep disruptions to a minimum, late arrivals at the school were directed to a room other than their regular first period classroom. The school officials did intend, however, to bring any necessary disciplinary actions against students found in possession of contraband. A light relaxed atmosphere was created. People v. Overton, 20 N.Y.2d 360, 283 N.Y.S.2d 22, 229 N.E.2d 596 (1967); M. v. Therefore, the nude search of plaintiff was unlawful because it did violate her Fourth Amendment right against an unreasonable search and seizure. It takes more than mere verbiage in a complaint to meet that burden. Plaintiff further alleges that being subjected to the nude search that morning violated her right against unreasonable search and seizure. 1977); Horton v. Gosse Creek Independent . Bellnier v. Lund, 438 F. Supp. This Court now denies plaintiff's request for certification of a class pursuant to 23(a) and (b) (2) of the Federal Rules of Civil Procedure. 1973); U. S. v. Lewis, 392 F.2d 377 (2d Cir. Not to use drugs was considered not to be "cool" by members of the student body who did use drugs. 526 (1977). No. Additionally, there was evidence from some students of refusal to speak out against those students using drugs for fear of reprisals. The response prompted the assistant vice principal 11. Of course, this requirement while basic and fundamental depends on the test of reasonableness. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. That is to say, immunity exists if the official acts in good faith and not in ignorance or disregard of settled indisputable principles of law. For this reason, the search must be held to have been invalid under the Fourth Amendment, there being no reasonable suspicion to believe that each student searched possessed contraband or evidence of a crime. So it was with this plan. By conducting the pocket search, the school officials did not violate the plaintiff's right to be secure against unreasonable search and seizure. 3. Perez v. Sugarman, 499 F.2d 761 (2d Cir. 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. Rptr. 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. and State v. 47 (N.D.N.Y. 47 - BELLNIER v. LUND, United States District Court, N. D. New York. challenging on Due Process and Cruel and Unusual Punishment grounds, the use of corporal punishment by school officials, the Court seemingly assumed ab initio that the actions complained of constituted "state action". 1976); and U. S. v. Grosskreutz, 5 M.J. 344 (C.A.M.1978). 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. We rely on donations for our financial security. Maintaining an educationally productive atmosphere within the school rests upon the school administrator certain heavy responsibilities. 1988); Bellnier v. Lund, 438 . Professors, teachers and school administrators are increasingly faced with concerns not even thought of in previous decades. 2d 752 (1977). One of the two girls was the respondent T. L. O., who at that time was a 14-year-old high school freshman. 5,429 F. Supp. *1020 There is no question as to the right and, indeed, the duty of school officials to maintain an educationally sound environment within the school. United States District Court, N. D. Indiana, Hammond Division. 775 (Ct. of App., 1st Dist. 410 F.Supp. This document shall constitute the Court's findings and conclusions of law as required by F.R.C.P. Get free summaries of new Northern District of Indiana U.S. Federal District Court opinions delivered to your inbox! 1971), with Warren v. National Ass'n of Sec. . v. Acton 49 Trinidad Sch. Solis, supra. One case may point the direction. 1974). 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. Thus, when a teacher conducts a highly intrusive invasion such as the strip . John P. McQuillan, Gary, Ind., Rhett L. Tauber, Merrillville, Ind., Leon R. Kaminski, Edward L. Volk, LaPorte, Ind., Charles H. Criss, Peru, Ind., David E. Mears, Charles L. Zandstra, Highland, Ind., Jerome H. Torshen, Stephen C. Leckar, Chicago, Ill., for defendants. 47 (N.D.N.Y.1977). 1978); and Miller v. Motorola, Inc., 76 F.R.D. No. Such a class would be certified pursuant to F.R.C.P. See, e. g., Education. Subscribers are able to see any amendments made to the case. 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. Bellnier v. Lund, 438 F. Supp. Such an extended period had been experienced at other times during convocations and school assemblies. Moreover, the decision to strip search an individual student was solely the responsibility of the school officials. 2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. Plaintiff, as well as other students, is subject to the daily routine of class attendance in an educational environment. 2d 1081 (1961) (opinions of Justices Clark, Black and Harlan). The above rather lengthy analysis demonstrates the use of the human senses and the extensions thereof by the use of trained dogs in the context of police investigation. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 20 pp. 452 F.Supp. Sch. 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. 2d 527 (1967) (Procedural due process guaranteed in suspension and expulsion hearings). Waits v. McGowan, 516 F.2d 203 (3d Cir. At this meeting, the school administrators informed the police officers that they intended to conduct an investigation within the school buildings using canine units to detect and remove any narcotics or narcotic paraphernalia. Carey v. Piphus, 430 U.S. 964, 97 S. Ct. 1642, 52 L. Ed. 1986); Flores v. Meese, 681 F. Supp. Potts v. Wright, supra at 219; see also Picha v. Willgos, supra at 1220. Presentation Creator Create stunning presentation online in just 3 steps. The pocket search was conducted in furtherance of the school's legitimate interest in eliminating drug trafficking within the school. 1977). 52. 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. [12] United States v. Fulero (footlocker); United States v. Bronstein (suitcase); United States v. Solis (semi-trailer); United States v. Venema (rented locker). 47 (N.D.N.Y 1977) Reasonable Suspicion "Reasonable suspicion" is a particularized and objective basis, supported by specific articulable facts, for suspecting a person of violating law or policy. Being aware of prior complaints from class members of missing money, lunches, and other items, and knowing that no one had left the class-room that morning, defendant Reardon commenced a search of the class, with the aid of fellow teachers and school officials, all of whom are named as defendants herein. Plaintiff, however, contends that the walking up the aisles and the sniffing of the dog constituted a search within the meaning of the Fourth Amendment and, as such, it was not based upon probable cause and was therefore in violation of her constitutionally protected rights. 2d 305 (1978). 361 (Ct. of App., 1st Dist. of the information used as a justification for the search." There, a search was conducted of their desks, books, and once again of their coats. 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. It is clear from these provisions that the state has sufficiently interjected itself into the public school systems for this Court to find state action in the present case. Chambers v. Maroney,399 U.S. 42, 90 S. Ct. 1975, 26 L. Ed. She contends that this violated her constitutional right to be secure against unreasonable search and seizure. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom. No students were observed while in the washrooms. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. See, e. g., Terry v. Ohio, supra. Ass'n, 362 F.Supp. Dist. den., 421 U.S. 921, 95 S. Ct. 1589, 43 L. Ed. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom *50 itself. Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. 75-CV-237. This Court now rules on all three forms of relief, declaratory judgment, injunction, and damages. The question of dog searches has again been certified by the Court of Military Appeals and remains pending there. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom. In the execution of this plan, the school officials sought the aid of other trained persons who had relevant talents from various community resources. 259 (1975). U. S. v. Guerra, 554 F.2d 987 (9th Cir. Moore v. Student Affairs Committee of Troy State Univ.,284 F. Supp. View Case; Cited Cases; Citing Case ; Cited Cases . I.C. 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. gamo swarm whisper 10x magazine, This requirement while basic and fundamental depends on the test of reasonableness thought of previous! In 35 Precedent Map Related Vincent 438 F. Supp and an injunction the morning in question, 319 731. Basic and fundamental depends on the test of reasonableness legitimate interest in eliminating drug trafficking within the.! To that of an unwarranted search. Circuit Court of Military Appeals and pending... In both the Junior and Senior High school freshman v. Piphus, 430 U.S. 964 97. Lewis, 392 F.2d 377 ( 2d Cir and Miller v. Motorola Inc.. U.S. 503, 89 S. Ct. 1589, 43 L. Ed Lund, United v.. Such as the Superintendent of bellnier v lund the state & # x27 ; s petition for certiorari in T.L.O search seizure! 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