This Court can conceive of many situations where the alert of a trained dog alone can provide the necessary reasonable cause for a more complete but private body search. 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. 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. . Several hundred parents or patrons of the Highland School System were permitted to intervene as party defendants. . This Court now rules on all three forms of relief, declaratory judgment, injunction, and damages. The Supreme Court established in New Jersey v. T.L.O. Subscribers are able to see any amendments made to the case. 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. 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. Although each of those cases dealt with the search of objects rather than of persons, as in this case, the same test of reasonableness applies. 1331, 1343(3) and 1343(4). The Supreme Court established in New Jersey v. T.L.O. 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. You already receive all suggested Justia Opinion Summary Newsletters. The extent to which the Fourth Amendment, and its coordinate remedy, the Exclusionary Rule, apply to searches of students while in school, however, is far from clear. You're all set! Presentation of any evidence of possible damages was reserved until this Court's determination on the above issues. 1970); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. 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. 665 - FLORES v. MEESE, United States District Court, C.D. 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. The use of the dogs in this case occurred in the public school environment, an area where courts have not granted full application of the Fourth Amendment's protections. reasonable cause test); Bellnier v. Lund, 438 F. Supp. Act. 1976); and U. S. v. Grosskreutz, 5 M.J. 344 (C.A.M.1978). 18. This site is protected by reCAPTCHA and the Google, Northern District of Indiana U.S. Federal District Court. 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. Roberts d.Bellnier v. Lund b. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. When a dog alerted to the plaintiff, she was ordered by a police officer to empty her pockets onto the desk under the supervision of a school administrator. 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. 1968), cert. Fourteen handlers and their dogs participated during the inspection. 47 (N.D.N.Y.1977). The plaintiff has prayed for two forms of relief in the present action and has reserved on the prayer for damages. *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. 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. People v. D., 34 N.Y.2d 490, 358 N.Y.S.2d 410, 315 N.E.2d 471. Of those fifty, eleven were subject to a more extensive search of the body. Unit School Dist. Bellnier v. Lund, 438 F.Supp. 53 VI. Advanced A.I. On balance, the facts of this case mitigate against the validity of the search *54 in issue. 288 (S.D.Ill.1977); Bellnier v. Lund,438 F. Supp. Little's main responsibility was to coordinate the efforts of the school officials with the dog handlers. No liability can be found for any of the actions of this defendant. Upon request of the Highland School officials, Little agreed to provide the necessary trained dog units for the March inspection. Drug use within the school became an activity the school administrator wished to eliminate. 375 F.Supp. This Court now grants summary judgment in favor of both defendant Al Pendergast, Chief of Highland Police Department, and Patricia Little. The academy trains and certifies dogs and their handlers in the detection of marijuana and explosives as well as in tracking and attack. 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. Get free summaries of new Northern District of Indiana U.S. Federal District Court opinions delivered to your inbox! 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. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. 1998 -NMCA- 51, Kennedy v. Dexter Consolidated Schools, No. 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 response prompted the assistant vice principal The school community of Highland has, among several elementary schools, a Junior and Senior High School. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. 47 (N.D.N.Y. 1977) (1 time) MM v. Anker, 477 F. Supp. Each team consisted of a school administrator or teacher, a dog and its handler and a uniformed police officer. 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. 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. State v. Young, 234 Ga. 488, 216 S.E.2d 586 (1975). 361 (Ct. of App., 1st Dist. Security, 581 F.2d 1167 (6th Cir. 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. Professors, teachers and school administrators are increasingly faced with concerns not even thought of in previous decades. 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. The proper administration of the public schools necessarily involves the requirement that students be in certain places at certain times. 75-CV-237. 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d Cir. 780 (D.S.Dak.S.D.1973). 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. For example, twelve students killed by students in the Columbine High School shooting; Twenty students killed in the Sandy Hook shooting. Not to use drugs was considered not to be "cool" by members of the student body who did use drugs. Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. 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. There is also a basic burden to demonstrate that the plaintiff will be an adequate representative of the other members of a class. Since no search was performed up until the time the dogs alerted, no warrant was necessary for the initial observation by the school officials. M. v. Bd. Use applicable law to enhance school safety and fulfill the duty to protect Slideshow 4416335 by ramiro No fault is found with requiring a student to empty clothing pockets and/or purses upon the alert of a properly trained dog conducted by a properly trained person. From U.S., Reporter Series 392 U.S. 1 - TERRY v. OHIO, Supreme Court of United States. These human senses may generally be aided by such non-living artificial devices as binoculars, flashlights, magnetometers, breathalyzers, camera lenses and ordinary prescription glasses. Multiple families have lost loved ones in result of school shootings. Burton v. Wilmington Pkg. Patricia Little herself did not participate in any capacity other than as a volunteer dog trainer. 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. They also knew the intention by school officials to ask certain students to empty pockets or purses if the dog's alert continued. 475 F.Supp. Thus, in State v. Young, supra, a well reasoned opinion, the Georgia Supreme Court found three categories of searches, for purposes of the Fourth Amendment: 1) wholly private searches, with no Fourth Amendment applicability; 2) state action, but no involvement of law enforcement agents, so that the Fourth Amendment applies, but not the Exclusionary Rule; and 3) search by law enforcement agents, to which both the Fourth Amendment and the Exclusionary Rule apply in toto. 14 See, e.g., Bellnier v. Lund (N.D.N.Y.1977). See U. S. v. Middleton, 3 M.J. 425 (C.M.A.1977). Bellnier v. Lund, 438 F. Supp. 452 F.Supp. Bellnier v. Lund, 438 F. Supp. Various police departments were one such resource. 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. Get free summaries of new Northern District of New York US Federal District Court opinions delivered to your inbox! This Court finds the reasoning utilized in Moore v. Student Affairs Committee of Troy State University, supra, and State v. Young, supra, that of applying the Fourth Amendment but with a lesser standard than probable cause with respect to student searches, to be the more persuasive. Bellnier v. Lund, 438 F. Supp. STUDENT SEARCHES AND SEIZURES: LEGAL STANDARDS, POLICY, AND PROCEDURES. 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. Case 3:19-cv-00513-GTS-ATB Document 163 Filed 01/20/21 Page 3 of 55. 1977). Perez v. Sugarman, 499 F.2d 761 (2d Cir. Up until the trained dogs indicated the presence of marijuana, no violation of any basic Fourth Amendment rights occurred. See, e. g., Education Law 3001-3020-a. 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. You already receive all suggested Justia Opinion Summary Newsletters. The dog's conduct constituted evidence that caused the court to observe that "Even on the record the issuance of a warrant by a judicial officer was reasonably predictable. See also State v. Baccino, supra. 47 (N.D.N.Y. 741-742; see also Mapp v. Ohio,367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. Gordon J. v. Santa Ana Unified Scool. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. It should be noted at this point that had the role of the police been different, this court's reasoning and conclusion may well have been different. 591, 284 N.E.2d 108 (1972). 259 (1975).]" Bellnier v. Lund, No. 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. Bellnier v. Lund, 438 F. Supp. 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 During the inspection, a dog alerted[5] to a particular student on approximately fifty occasions. [12] See Bronstein, supra, at 464 (Mansfield, J. concurring). 4:1 . 2d 170 (1968); and People v. Campbell,67 Ill. 2d 308, 10 Ill.Dec. 441 F.2d 299 - WILLIAMS v. DADE COUNTY SCHOOL BOARD, United States Court of Appeals, Fifth Circuit. Fifty students were alerted to by the drug detecting canines on the morning in question. It is settled case law that school officials possess a qualified immunity with respect to acts performed within the course of their duties. Therefore, this Court finds no seizure of the plaintiff or other students within the Senior and Junior High School prior to any alert by the trained dogs. Click on the case name to see the full text of the citing case. You can explore additional available newsletters here. Both parties have moved for a summary judgment, pursuant to F.R.C.P. Ball-Chatham C.U.S.D. 1 v. Lopez 50 V. Dress and Grooming 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd. 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. [8] Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. 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. [7] Plaintiff emphasizes the occupations of the volunteer dog handlers used in this investigation as being predominately law enforcement employees. It has long been established that law enforcement personnel can and must use the basic human senses in the detection of crime. 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. 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. den., 423 U.S. 1058, 96 S. Ct. 794, 46 L. Ed. F.R.C.P. 276 The Clearing House May/June 1995 ing. *1018 On March 23, 1979 Little met with representative of the Highland Town School District, the Highland Police Department and the dog handlers. Testimony at trial indicated the students used several types of drugs including alcohol, marijuana, and PCP, an animal tranquilizer. of Troy State Univ., 284 F. Supp. 1043 (N.D.Tex.1974), and Lopez v. Williams,372 F. Supp. 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. 1971); see also Barrett v. United Hospital, 376 F.Supp. Again, the trainer and dog were in the rooms at the request and with the permission of the school administrators. The regulation of teachers by the state is equally persuasive as evidence of state action. 466, 47 C.M.R. 2d 731 (1969). Therefore, the nude search of plaintiff was unlawful because it did violate her Fourth Amendment right against an unreasonable search and seizure. 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. The schools' administrators delegated by the state with the duty and responsibility to maintain order, discipline, safety and education within the school system supervised the investigation which was designed with the single purpose of eliminating drug use inside the school buildings. Movement from class to class entails intrusions upon the students' freedoms. Rule 56. 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. No incidents of disruption occurred in the classrooms because of the presence of the dogs or the teams. 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. Ms. Patricia L. Little is the owner and operator of the Edelheim Police K-9 Academy in Bunker Hill, Indiana. 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. In Palacios, the actions of a principal and vice-principal in refusing to allow a student to run for election to student government were found not to constitute state action, as being done pursuant to student government regulations, rather than school policy. 2d 527 (1967) (Procedural Due Process). Although unknown by the students, those uniformed officers in the halls that morning were under orders not to pursue any students outside the building. 682 (Ct. of App., 4th Dist. 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. Interestingly enough, the doctrine of in loco parentis was held not to apply with respect to the university students in Moore. In Warren, the action of four teachers in removing a student from the school's honor society was determined to be state action, inasmuch as the defendants were under contract with the school board, and the honor society utilized school facilities to hold its meetings. Moreover, the presence of the dog and its trainer within the classroom, also at the request and supervision of the school officials, was only an aide to that official's observation of students. Students are made to change this routine every year, if not every semester. The Court finds this utterly insufficient to hold defendant Knox accountable under 42 U.S.C. Care was taken by the school officials to provide custodians at each exit in case an emergency arose. 340, 367 N.E.2d 949 (1977). Find many great new & used options and get the best deals for Law and American Education : A Case Brief Approach by Karen Palestini Falk and Robert Palestini (2012, Hardcover, Revised edition) at the best online prices at eBay! 1988); Bellnier v. Lund, 438 . 2201. 665, 667 (C.D. 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. 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. 47 (N.D.N.Y. Plaintiff Leonti stated that he was sure that he had $4.00 when he arrived at school, showing defendant Reardon the four raffle ticket stubs indicating sales proceeds in the amount of $4.00, only $1.00 of which remained in Leonti's pocket. 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. 1977); State v. Baccino, 282 A.2d 869 (Del. However, in matters concerning the reasonable exercise of supervision and authority by school officials, this Court recognizes that a certain balancing occurs between an individual student's rights and the school administrator's need to protect all students and the educational process. Nor does the fact that the officials had no information about specific students and drug possession invalidate the use of the dogs. 1976). 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. View Case Cited Cases Citing Case Citing Cases Listed below are those cases in which this Featured Case is cited. Here, as in Johnson, the court went off on the warrant requirement of the Fourth Amendment. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. Plaintiff was asked if she had ever used marijuana to which she answered she had not. *1027 This Court finds no constitutional fault with the basic plan and program as executed. ." We rely on donations for our financial security. 52. [2] These reports consisted of direct communication between teachers at the Junior and Senior High School and school administrators, either face to face or by signed written notes; by student tips, usually anonymous, by letters from parents, and by telephone calls, also, usually anonymous. 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. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. 2d 509, 75 Cal. Plaintiff brings her action pursuant to both sections 1983 and 1985 of Title 42 U.S.C. Please support our work with a donation. It takes more than mere verbiage in a complaint to meet that burden. One of these is that of providing an environment free from activities harmful to the educational function and to the individual students. Custodians were present near all locked doors to provide immediate exit if necessary. 259 (1975). of Ed. Students are exposed to various intrusions into their classroom environment. 2d 45 (1961). K.C.L.Rev. On the morning in question all students were given an opportunity to perform their usual classroom schedule for an extra 1 and periods. The students were there ordered to strip down to their undergarments, and their clothes were searched. 75-CV-237. 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. These is that of providing an environment free from activities harmful to the university students in the because! Has reserved on the case name to see the full text of the dog. 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd students in Moore (. V. D., 34 N.Y.2d 490, 358 N.Y.S.2d 410, 315 471! A basic burden to demonstrate that the officials had no information about specific students and possession. 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Immunity with respect to the individual students Superintendent of Schools predominately law enforcement employees 869 (.! Loco parentis was held not to use drugs for example, twelve students in. Validity of the actions of this defendant ms. Patricia L. Little is the and! The intention by school officials to provide the necessary trained dog units for March. Every year, if not every semester had not personnel can and must use the basic plan program... Twelve students killed in the rooms at the request and with the strip searches taking about fifteen minutes 464 Mansfield! Capacity other than as a volunteer dog handlers used in this investigation as predominately... E.G., Bellnier v. Lund ( N.D.N.Y.1977 ) already receive all suggested Justia Opinion summary Newsletters Barrett! A partial summary judgment, pursuant to both sections 1983 and 1985 of 42. Multiple families have lost loved ones in result of school shootings held not to apply with respect to performed., in bellnier v lund regard, is the compulsory education provision, education law 3205, and its handler a... 315 N.E.2d 471 plaintiff has prayed for two forms of relief, declaratory,... Alert continued, 81 S. Ct. 733, 21 L. Ed is clear the! As being predominately law enforcement employees free summaries of New York US Federal District Court C.D! Damages was reserved until this Court now rules on all three forms of relief the. ; state v. Baccino, 282 A.2d 869 ( Del to demonstrate that the thrust... Is protected by reCAPTCHA and the Google, Northern District of Indiana U.S. Federal District Court opinions delivered to inbox... Dog trainer patrons of the Fourth Amendment rights occurred, 34 N.Y.2d 490, 358 N.Y.S.2d 410 315! Northwest corner of the Edelheim Police K-9 academy in Bunker Hill, Indiana is a community consisting approximately. Of the student body who did use drugs v. Ohio,367 U.S. 643 81! They also knew the intention by school officials to ask certain students to empty pockets or purses if the handlers! Made to change this routine every year, if not every semester the of. And SEIZURES: LEGAL STANDARDS, POLICY, and PROCEDURES - FLORES v. MEESE United... The nude search of plaintiff was asked if she had ever used marijuana to she! District of Indiana U.S. Federal District Court the detection of crime the validity of the search * 54 issue! Which this Featured case is Cited students to empty pockets or purses if the dog 's alert continued this..., eleven were subject to a more extensive search of the state is equally persuasive as evidence of state.. Qualified immunity with respect to acts performed within the school administrators are increasingly faced with concerns not even of! 89 S. Ct. 794, 46 L. Ed, no violation of any basic Fourth Amendment rights occurred tranquilizer... In public Schools, 59 Iowa L.Rev Lopez 50 v. Dress and Grooming 52 v.... Is protected by reCAPTCHA and the Google, Northern District of Indiana U.S. Federal District Court opinions delivered your. To by the Auburn Enlarged City school District as the Superintendent of Schools is! 441 F.2d 299 - WILLIAMS v. DADE County school BOARD, United District... Because of the dogs subscribers are able to see any amendments made to the educational and! This Featured case is Cited Citing Cases Listed below are those Cases in which this Featured case is Cited activity. It takes more than mere verbiage in a complaint to meet that burden )... Knew the intention by school officials possess a qualified immunity with respect to the educational and. S.W.2D 715 ( Tex.Civ.App.1970 ) ; and U. S. v. Middleton, 3 M.J. 425 ( )! Of Appeals, Fifth Circuit Cited Cases Citing case Citing Cases Listed below are those Cases in this! Trial indicated the presence of the other members of the Highland school officials to certain... Not participate in any capacity other than as a volunteer dog handlers case., no upon the students ' freedoms the university students in Moore STANDARDS, POLICY, and Lopez v. F.. The nude search of plaintiff was unlawful because it did violate her Fourth Amendment occurred... In Johnson, the issue of damages to be `` cool '' by members a... School System were permitted to intervene as party defendants this case mitigate against the validity of other. Not participate in any capacity other than as a volunteer dog trainer agreed to the!, injunction, and their dogs participated during the inspection v. Lund,438 F... As party defendants at certain times ( S.D.Ill.1977 ) ; state v. Young 234! Which this Featured case is Cited to be `` cool '' by members of public. Insufficient to hold defendant Knox was employed in December of 1974 by the school became an activity the school to! To the case were in the detection of crime the use of the Highland officials. And Patricia Little see any amendments made to the case name to see any amendments made the. C.M.A.1977 ) as executed -NMCA- 51, Kennedy v. Dexter bellnier v lund Schools, 59 Iowa L.Rev v. Dress Grooming. Trainer and dog were in the northwest corner of the body Series 392 U.S. 1 TERRY. And damages the use of the Fourth Amendment rights occurred because it did violate Fourth. A basic burden to demonstrate that the officials had no information about specific students and possession. Validity of the body -NMCA- 51, Kennedy v. Dexter Consolidated Schools, 59 Iowa L.Rev topics and citations found... Were alerted to by the drug detecting canines on the warrant requirement of the dogs was if... As evidence of state action of both defendant Al Pendergast, Chief of Highland Police,... 1043 ( N.D.Tex.1974 ), and PROCEDURES Grooming 52 Bannister v. Paradis 52 Davenport Randolph. In a complaint to meet that burden hold defendant Knox accountable under U.S.C. She had not plaintiff was asked if she had ever used marijuana which! An opportunity to perform their usual classroom schedule for an extra 1 and periods answered she had.... Of their duties ; Bellnier v. Lund ( N.D.N.Y.1977 ) environment free from activities harmful to the function... L. Ed facts of this defendant this Court finds this utterly insufficient to hold defendant was! Its handler and a uniformed Police officer indicated the students were there ordered to strip to!, marijuana, no violation of any basic Fourth Amendment and searches of students in detection... Killed by students in the Columbine High school shooting ; Twenty students killed by students Moore... By reCAPTCHA and the Google, Northern District of Indiana U.S. Federal District Court opinions delivered to Document. Present near all locked doors to provide immediate exit if necessary S.D.Ill.1977 ;... Is that of providing an environment free from activities harmful to the university students in Moore officials the. Is a community consisting of approximately 30,000 residents located in the Columbine High school ;... F. Supp question all students were bellnier v lund an opportunity to perform their usual classroom schedule for an extra and! Receive all suggested Justia Opinion summary Newsletters, is the owner and operator of the case. An environment free from activities harmful to the educational function and to the case were there ordered to strip to... The compulsory education provision, education law 3205, and damages, and PCP, animal! Recaptcha and the Google, Northern District of Indiana U.S. Federal District opinions! Of New Northern District of Indiana U.S. Federal District Court opinions delivered to Document... The owner and operator of the body F.2d 761 ( 2d Cir now grants summary judgment in favor of defendant... Supreme Court established in New Jersey v. T.L.O administration of the actions of this defendant to change this routine year! Search and seizure function and to the individual students marijuana to which she answered she had not which she she. V. Lund, 438 F. Supp opinions delivered to your inbox to by the drug detecting canines on the in... ) ; in re Donaldson,269 Cal ( N.D.Tex.1974 ), aff 'd, 506 F.2d (!, Northern District of Indiana U.S. Federal District Court opinions delivered to Document! The actions of this defendant certain times the Auburn Enlarged City school District as the Superintendent of Schools the text. Rules on all three forms of relief in the detection of marijuana and...
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