380, 323 A.2d 145 (1974); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. Waits v. McGowan, 516 F.2d 203 (3d Cir. This Court now finds that in a public school setting, school officials clothed with the responsibilities of caring for the health and welfare of the entire student population, may rely on such general information to justify the use of the canines to detect narcotics. Necessary flexibility was built into it in regard to washroom and other human needs. 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. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. In twenty school days before the investigation, thirteen incidents were reported where students were found either to be in possession of drugs or drug paraphernalia or under the influence of drugs or alcohol. Free shipping for many products! 47, 54 (N. D. N. Y. In Moore v. Student Affairs Committee of Troy State University,284 F. Supp. Her search was conducted in an atmosphere designed to reduce to a minimum any apprehension or embarrassment. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. 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. The school officials did intend, however, to bring any necessary disciplinary actions against students found in possession of contraband. Ball-Chatham C.U.S.D. This Court now grants summary judgment in favor of both defendant Al Pendergast, Chief of Highland Police Department, and Patricia Little. The teacher of the class, defendant Reardon, stood at or near the classroom door during this time while the student teacher, defendant Olson, remained inside the classroom. 1976). Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. [1] There is some dispute as to whether some of the students were then subjected to a "pat down" by the defendants. The *1017 canine teams spent approximately five minutes in each room. They often accompany police officers on night patrol in detection through sound and scent of would-be criminals lurking in the dark or moving in stealth. 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. As a corollary to the state action rule, it is generally stated that to prove a cause of action under 1983, one need not show that the constitutional or statutory infringement complained of is supported by state law, as long as there is some nexus between the state involvement and the deprivation. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. Jurisdiction is alleged to exist by virtue of 28 U.S.C. The students were then asked to empty their pockets and remove their shoes. 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. This case is therefore an appropriate one for a summary judgment. 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. 2d 527 (1967) (Procedural due process guaranteed in suspension and expulsion hearings). The presence of the canine team for several minutes was a minimal intrusion at best and not so serious as to invoke the protections of the Fourth Amendment. 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. ; Login; Upload Perez v. Sugarman, supra; cf. The question of dog searches has again been certified by the Court of Military Appeals and remains pending there. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. Acting alone, each school administrator could have unquestionably surveyed a classroom to prevent drug use. The use of the canine units was decided upon only after the upsurge in drug use at the schools. 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. And searches to prevent skyjacking are subject to a modified probable cause requirement and are excepted from the warrant requirement. Renfrow was not present. This Court cannot say as a matter of law that the alerting of a trained dog standing alone is sufficient to establish reasonable cause to believe a complete body search by school officials in surroundings that insure and maintain human dignity. 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, This is an action whereby the plaintiff children, through their parents, Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under, Jurisdiction is alleged to exist by virtue of. 2d 527 (1967) (Procedural Due Process). 4. 2d 141 (1974); U. S. v. Falley, 489 F.2d 33 (2d Cir. Sch. Although she wore a jacket with her academy's patch sewn on the sleeve and an American flag patch attached to the other sleeve, she did not wear the uniform of any law enforcement agency. 1214 - PICHA v. See, e. g., Education Law 3001-3020-a. 733, 21 L.Ed.2d 731 (1969). There, a search was conducted of their desks, books, and once again of their coats. Rptr. 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. Burton v. Wilmington Pkg. [7] Plaintiff emphasizes the occupations of the volunteer dog handlers used in this investigation as being predominately law enforcement employees. Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. After each alert, the student was asked to empty his or her pockets or purse. was granted in October of 1983. Rptr. [10] It is the responsibility of the school corporation personnel to supervise students while they attend classes. 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. There is a basic burden on the plaintiff to show entitlement to a class certification under Rule 23. 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. 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) The Court finds this utterly insufficient to hold defendant Knox accountable 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. Perez v. Sugarman, 499 F.2d 761 (2d Cir. 220 (1969); People v. Stewart, 63 Misc.2d 601, 313 N.Y.S.2d 253 (Crim.Ct., N.Y.Co.1970); 3) the Fourth Amendment, although applicable, is emasculated by the inapplicability of the Exclusionary Rule. The boundaries of that immunity were defined in Wood as containing both objective and subjective elements. 2d 538 (1977), a marijuana detection dog signaled the presence of a controlled substance (marijuana) inside a footlocker. The plaintiffs are therefore entitled to a summary judgment to that effect, except with respect to defendant Knox. 410 F.Supp. 1012 - DOE v. RENFROW, United States District Court, N. D. Indiana, Hammond Division. Fifty students were alerted to by the drug detecting canines on the morning in question. Maintaining an educationally productive atmosphere within the school rests upon the school administrator certain heavy responsibilities. 2 of their federal statutory and constitutional rights under the Fourth and Fourteenth Amendments to the U.S. Constitution, Title VI of the Civil Rights Act of 1964, the Individuals with . Dunaway v. New York,--- U.S. ----, ----, 99 S. Ct. 2248, 60 L. Ed. v. South Dakota H. Sch. Dist. Moreover, each handler, provided their dog at their own expense and was not representing any law enforcement agency while at the schools. Both were escorted to the principal's office where the student denied smok-275. Four such teams were used in the Senior High School building and two were operating in the Junior High School rooms. People v. D., supra. 1 Wigmore, Evidence, Section 177(2) (3d Ed. 2d 752 (1977). Wooley v. Maynard,430 U.S. 705, 97 S. Ct. 1428, 51 L. Ed. A canine team visited each classroom in both the Junior and Senior High School buildings. 1977). 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. It is entirely possible that there was reasonable suspicion, and even probable cause, based upon the facts, to believe that someone in the classroom has possession of the stolen money. ., the student-teacher relationship out of which [in loco parentis] authority readily flows does have an impact on the application of constitutional doctrine to the rights of students." Professors, teachers and school administrators are increasingly faced with concerns not even thought of in previous decades. See Baker v. McCollan, ___ U.S. ___, 99 S. Ct. 2689, 61 L. Ed. omitted) ("[n]o one would seriously dispute that a nude search of a child is traumatic"); Bellnier v. Lund, 438 F. Supp. 1331, 1343(3) and 1343(4). 1968), cert. 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. 729, 42 L.Ed.2d 725 (1975); also, cf. of Ed. Renfrow decided to use the trained dogs in a drug investigation and he arranged a second meeting for March 14, 1979. 1970); In re G.,11 Cal. Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. v. NATIONAL SCREEN SERV. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom. Moore v. Student Affairs Committee of Troy State Univ.,284 F. Supp. 4 v. Gary, 152 Ind.App. 11, 275 N.E.2d 317 (1971), and Gary Teachers Union No. One of these is that of providing an environment free from activities harmful to the educational function and to the individual students. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. Multiple families have lost loved ones in result of school shootings. 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