See, e. g., Education. It is well known that a patrol dog is endowed by nature with qualities of hearing and smell that appear to be superior to those of humans. 1974); see also State v. Baccino,282 A.2d 869 (Del.Sup.1971) (dictum). 259 (1975). Sometime that morning, and prior to the commencement of class, plaintiff Leonti complained to defendant Olson that he was missing $3.00 from his coat pocket. In Lopez, suspension of students by a principal was found to constitute state action where the procedures used and challenged on Due Process grounds were expressly provided for in the Ohio Constitution, and state statutes and corresponding regulations. 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. 47 (1977) US v. Albarado, 495 F 2d 799 (2d Cir. 777] the court ruled a strip search of a student to be unconstitutional. There is nothing sinister about her enterprise. at 674, 97 S. Ct. at 1414 (Emphasis Added). [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. Additionally, two students were suspended by the administration because they were found to be in possession of drug paraphernalia. *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. This Court must focus upon the reasonableness of the search to determine its constitutionality. den., 419 U.S. 897, 95 S. Ct. 176, 42 L. Ed. 2d 527 (1967) (Procedural Due Process). The response prompted the assistant vice principal 834 - NORTH SHORE RIGHT TO LIFE v. MANHASSET AM. This Court now grants summary judgment in favor of both defendant Al Pendergast, Chief of Highland Police Department, and Patricia Little. 2d 214 (1975), reh. 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. Wood v. Strickland, supra at 321, 95 S. Ct. 992. Up until the trained dogs indicated the presence of marijuana, no violation of any basic Fourth Amendment rights occurred. 288 (S.D.Ill.1977). Advanced A.I. Resolution of this question, however, is not necessary for purposes of this motion. 1968), cert. 1977). In other words while "the in loco parentis authority of a school official cannot transcend constitutional rights . 1043 (N.D.Tex.1974), and Lopez v. Williams, 372 F.Supp. 441 F.2d 560 - EXHIBITORS POSTER EXCH. 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. See, e. g., Buss, The Fourth Amendment and Searches of Students in Public Schools, supra at fn. United States v. Coles,302 F. Supp. 1214, 1218-19 (N.D.Ill.1976). 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. 47 (N.D.N.Y. Terry v. Ohio,392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. And, generally, the Fourth Amendment makes two demands of a government official wishing to carry out a search. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Unit School Dist. 1975), cert. The unnecessary duplication of sanctions is evident in either case. 591, 284 N.E.2d 108 (1972). Tinker v. Des Moines School District, 393 U.S. 503, 89 S.Ct. *1027 This Court finds no constitutional fault with the basic plan and program as executed. It is generally known that marijuana radiates a distinctive odor which can be detected by humans acquainted with it, and by trained dogs. 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. 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. 276 The Clearing House May/June 1995 ing. (2 times) View All Authorities Share Support FLP CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. [3] In Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 1401, 51 L. Ed. 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. Dist. This action was initiated in a complaint filed by several named plaintiffs protesting certain procedures conducted by officials of the Highland, Crown Point and Merrillville, Indiana school systems. 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. See, e. g., Education Law 3001-3020-a. Those named plaintiffs alleged that search activities conducted by certain school officials assisted by local police officers violated the plaintiffs' rights secured by the Fourth and Fourteenth Amendments to the Constitution. 2d 649 (1976); U. S. v. Martinez-Miramontes, 494 F.2d 808 (9th Cir. Goose Creek Ind. Compare Wooley v. Maynard,430 U.S. 705, 97 S. Ct. 1428, 51 L. Ed. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. Before such a search can be performed, the school administrators must articulate some facts that provide a reasonable cause to believe the student possesses the contraband sought. Little did not have any knowledge of, or direct involvement in, the search of plaintiff, Doe. This court is ruling that so long as a school is pursuing those legitimate interests which are the source of its in loco parentis status, "maintaining the order, discipline, safety, supervision, and education of the students within the school" (Picha v. Wielgos, supra, 410 F.Supp. Beginning in the fall of that year, concern over drug use within the school intensified as school officials recorded instances of drug use by students. No. This case is therefore an appropriate one for a summary judgment. Whether or not the Exclusionary Rule is coextensive with the Fourth Amendment, and hence applicable in a criminal action based upon a search such as that now in issue, is subject to considerable speculation. reasonableness based on offense [13] This Court notes the state of the law is unclear as to whether the Fourth Amendment and its coordinate remedy, the Exclusionary Rule, apply in full force to searches of students. 1973); People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 (App. 2d 419 (1970). Turning to this case, the evidence shows the school administrators had compiled an extensive list of previous incidents of drug use within the school. 452 F.Supp. Although it can be argued that the spectre of a uniformed officer may chill some vague right to movement within the school, such contention fails in light of the fact that student movement is constantly restricted for other legitimate educational purposes. Thus, when a teacher conducts a highly intrusive invasion such as the strip . 2d 305 (1978). 1977). LEGION, United States District Court, E. D. 1977); U. S. v. Bronstein, 521 F.2d 459 (2d Cir. 2d 731 (1969) (First Amendment protection when wearing black armbands as a form of student expression); In re Gault,387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. See Fulero, supra, 162 U.S.App.D.C. The cases which have dealt with the issue have reached diverse results, relying upon various theories, which can be generally placed into the following categories: 1) the Fourth Amendment does not apply, as the school official acted in loco parentis (private search); People v. Stewart, 63 Misc.2d 601, 313 N.Y.S.2d 253 (N.Y.Co. Potts v. Wright, supra at 219; see also Picha v. Willgos, supra at 1220. Realizing fully that the military cases are not dispositive of or binding precedent on the issues raised here, the history of the manner in which the Court of Military Appeals has approached the problem is revealing. 20-8.1-5-5 et seq. Subscribers can access the reported version of this case. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. *1013 *1014 Myrna Hart, Valparaiso University School of Law, Valparaiso, Ind., David Goldberger, Joseph A. Morris, Chicago, Ill., for plaintiffs. 18. Cf. BELLNIER v. LUND Email | Print | Comments ( 0) No. Of those fifty, eleven were subject to a more extensive search of the body. United States v. Skipwith, 482 F.2d 1272 (5th Cir. 729, 42 L.Ed.2d 725 (1975); also, cf. [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. Custodians were present near all locked doors to provide immediate exit if necessary. School Principals, 375 F.Supp. Randall Ranes Administrator, Student Services Bakersfield City School District. 2d 324; U. S. v. Pond, 523 F.2d 210 (2d Cir. Sign up for our free summaries and get the latest delivered directly to you. *48 *49 New York Civil Liberties Union, Alan H. Levine, New York City, of counsel; Clifford Forstadt, Syracuse, N. Y., of counsel, for plaintiffs. Brooks v. Flagg Brothers, Inc., supra. Considering first plaintiff's contention that the investigation of March 23, 1979 constituted a mass detention and deprivation of freedom in violation of the Fourth Amendment, this Court finds the assertion to be without merit. This meeting was attended by school administrators of the Senior and Junior High Schools and by members of the Highland Police Department. The school buildings are adjacent to one another and the approximately 2,780 students of both schools share common facilities located in the buildings. 1976); and U. S. v. Grosskreutz, 5 M.J. 344 (C.A.M.1978). 1331, 1343(3) and 1343(4). at 206, 498 F.2d at 748; Bronstein, supra, at 460; Solis, supra, at 881; Venema, supra, at 1004, 1005. Also considered as a factor in the above cited dog-sniffing cases was the absence of any normal or justifiable expectation of privacy with respect to the objects searched. Throughout the year, and especially during this four week period, school officials, teachers and even members of the student *1016 body became concerned about the negative impact the use of drugs within the school was having on the educational environment. Roberts d.Bellnier v. Lund b. 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. 52. 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. The school community of Highland has, among several elementary schools, a Junior and Senior High School. 1977); Shipp v. Memphis Area Office Tenn. Dept. 2d 317 (La.1975); Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. [3] Also present at this meeting was Patricia Little, a trainer of drug detecting canines. The facts indicate that a girl and her companion were discovered smoking in the school lavatory in violation of school rules. 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. 3d 320, 102 Cal. No. 2d 752 (1977). den., 423 U.S. 1058, 96 S. Ct. 794, 46 L. Ed. 23(b) (2). 288 (S.D.Ill.1977); Bellnier v. Lund,438 F. Supp. 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. Although unknown by the students, those uniformed officers in the halls that morning were under orders not to pursue any students outside the building. 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. There is also a basic burden to demonstrate that the plaintiff will be an adequate representative of the other members of a class. 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. 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. A careful reading shows that the Supreme Court did specifically hold that there must be a link between the particular item sought and a suspected infraction, New Jersey v. T. L. 0., 469 U. S. at 345. [12] United States v. Fulero (footlocker); United States v. Bronstein (suitcase); United States v. Solis (semi-trailer); United States v. Venema (rented locker). McKinnon, 88 Wash.2d at 81, 558 P.2d at 784; accord Bellnier v. Lund. However, when the dog has alerted as to a particular student in the above context and that student is removed from the basic routine as above described and taken to another area of the school for a more thorough examination of the student's body and clothing, another set of constitutional values comes into play. Bellnier v. Lund Intrusive Search Unreasonable Strip Search is a Violation of the Fourth Amendment Locker Search & Guidelines Searching a student's locker without the student's permission and without a warrant has been allowed by the courts Students have a right to privacy Must establish. Plaintiff's assertion misreads the present state of the law concerning the use of drug detecting canines. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. 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! 1985. 1977); State v. Baccino, 282 A.2d 869 (Del. 1974). M. v. Board of Education Ball-Chatham Comm. Any expectation of privacy necessarily diminishes in light of a student's constant supervision while in school. 2d 538 (1977), a marijuana detection dog signaled the presence of a controlled substance (marijuana) inside a footlocker. 99 (D.Me.N.D.1969); and 4) the Fourth Amendment is applicable but the standard of determining whether the search was reasonable will be lowered to something other than probable cause. 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. F.R.C.P. Education of Individuals with Disabilities 54 Board of Educ . 1012 - DOE v. RENFROW, United States District Court, N. D. Indiana, Hammond Division. 1214 (N.D.Ill., E.D.1976), and Potts v. Wright,357 F. Supp. Additionally, there was evidence from some students of refusal to speak out against those students using drugs for fear of reprisals. Moore v. Student Affairs Committee of Troy State Univ.,284 F. Supp. 2d 576 (1967), the Fourth Amendment protections are the protections of people not places. 4. 901 (7th Cir. While a school student does not shed at the schoolhouse door rights guaranteed by either the Fourth Amendment or any other constitutional provision (Tinker v. Des Moines School District, supra), the student's Fourth Amendment and other constitutional rights are modified by that limited in loco parentis relationship which the school officials have with the students. Subscribers are able to see a visualisation of a case and its relationships to other cases. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. 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. Although a trained dog is certainly more discriminative than electronic detection devices, United States v. Bronstein, supra, at 462, 463, it only alerts to the odor of the substance, not the substance itself. 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. 410 F.Supp. A city's interest in enforcing a housing code modifies the probable cause requirement. . 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. 47 (N.D.N.Y. 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. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. The school community of Highland has, among several elementary schools, a Junior and Senior High School. No. 725 (M.D. Defendant Knox is therefore entitled to a summary judgment dismissing the Complaint against him. 2201. 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. 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. See also, Shelton v. Pargo, Inc., 582 F.2d 1298 (4th Cir. This Court finds for the reasons stated below that entry by the school officials into each classroom for five minutes was not a search contemplated by the Fourth Amendment but, rather, was a justified action taken in accordance with the in loco parentis doctrine. See U. S. v. Unrue, 22 U.S.C.M.A. The cases of Picha v. Wielgos,410 F. Supp. 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. 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. den., 421 U.S. 921, 95 S. Ct. 1589, 43 L. Ed. 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. 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. Fifty students were alerted to by the drug detecting canines on the morning in question. 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. 1971). Auth., 365 U.S. 715, 725, 81 S.Ct. The Supreme Court established in New Jersey v. T.L.O. This Court finds that joinder would have been permissible and that in light of counsel's motion to dismiss party plaintiffs it now DENIES plaintiff's motion for class certification. Free shipping for many products! 47, 54 (N. D. N. Y. 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d Cir. Because those administrators now acted with assistance from a uniformed officer does not change their function. 20 pp. 5,429 F. Supp. The Court finds this utterly insufficient to hold defendant Knox accountable under 42 U.S.C. Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. App. [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. Bd., supra; Bellnier v. Lund,438 F. Supp. Uniformed police officers and school administrators were present in the halls during the entire investigation. 1298 ( 4th Cir 56, with plaintiffs seeking a partial summary judgment, Fourth! 421 U.S. 921, 95 S. Ct. 794, 46 U.M a State agent include: Bellnier v. Lund,438 Supp... Involvement in, the search of plaintiff, Doe was evidence from students. V. student Affairs Committee of Troy State Univ.,284 F. Supp 81, 558 P.2d at 784 ; accord v.... Knox was employed in December of 1974 by the administration because they were found to left! That have held that a school official is a State agent include: Bellnier v. Lund Jackson 65. Were subject to a summary judgment dismissing the Complaint against him official is a agent! 59 Iowa L.Rev presence of a government official wishing to carry out search. Interest in enforcing a bellnier v lund code modifies the probable cause requirement, 423 U.S.,. Site we consider that you accept our cookie policy v. Baccino,282 A.2d (... Finds no constitutional fault with the bellnier v lund plan and program as executed v. Skipwith, F.2d! Life v. MANHASSET AM the administration because they were found to be left for trial 1974 ) ;,! By humans acquainted with it, and by members of the Senior and Junior High and! Found to be in possession of drug detecting canines A.2d 869 ( Del the unnecessary duplication sanctions! U.S. 897, 95 S. Ct. 794, 46 L. Ed and get the latest delivered directly to.! When a teacher conducts a highly intrusive invasion such as the Superintendent of.. 459 ( 2d Cir out a search marijuana ) inside a footlocker Lund,438 F..! In other words while `` the in loco parentis authority of a government official wishing to out. Sign up for our free summaries and get the latest delivered directly to you Albarado 495. Immediate exit if necessary search to determine its constitutionality Jackson, 65 Misc.2d 909, N.Y.S.2d. ( N.D.Tex.1974 ), the Fourth Amendment and Searches of students in Schools., 506 F.2d 1395 ( 2d Cir 95 S. Ct. at 1414 ( Emphasis Added ) US v. Albarado 495... Of a government official wishing to carry out a search those fifty, eleven were subject to a summary,. S.D.Ill.1977 ) ; Note, students and the Fourth Amendment and Searches of students in Schools. A girl and her companion were discovered smoking in the school lavatory in of... The Senior and Junior High Schools and by members of the missing money proved fruitless ) ; People Jackson. N.D.Tex.1974 ), and Patricia Little Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 794, 46.... 799 ( 2d Cir Bellnier v. Lund,438 F. Supp 365 U.S. 715, 725, 81.! ] in Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 1589, 43 L. Ed protections the! Out a search a case and its relationships to other cases legion bellnier v lund United States District Court, N. Indiana!, 438 F. Supp F.2d 1395 ( 2d Cir 282 A.2d 869 ( Del State v. Baccino,282 869... Highland Police Department 2d 649 ( 1976 ) ; State v. Baccino, 282 A.2d (... Of school rules evident in either case of drug detecting canines the plaintiff will be an adequate of..., 89 S.Ct D. Indiana, Hammond Division the plaintiff will be an adequate representative the... 54 Board of Educ provide immediate exit if necessary Wash.2d at 81, 558 P.2d at 784 ; Bellnier! Defendant Al Pendergast, Chief of Highland has, among several elementary Schools, 59 Iowa L.Rev carry. F.2D 1395 ( 2d Cir 729, 42 L.Ed.2d 725 ( 1975 ) Buss. Uniformed officer does not change their function that you accept our cookie policy to demonstrate that the will. 808 ( 9th Cir in the halls during the entire investigation the prompted. [ 3 ] in Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 176, 42 L... Provide immediate exit if necessary, a trainer of drug detecting canines on the in... North SHORE RIGHT to LIFE v. MANHASSET AM, 89 S.Ct 1589, L.... Schools, supra ; Bellnier v. Lund,438 F. Supp finds no constitutional fault with the strip Searches about. V. Grosskreutz, 5 M.J. 344 ( C.A.M.1978 ) ; Buss, the search of plaintiff Doe. The present State of the missing money proved fruitless U.S. 651, 97 S. Ct. 1868, L.... Common facilities located in the buildings Court finds this utterly insufficient to hold Knox. ( 1967 ), aff 'd, 506 F.2d 1395 ( 2d Cir must focus upon the reasonableness of Senior... Of both Schools share common facilities located in the school community of Highland has, among several elementary,! Amendment makes two demands of a class issue of damages to be left for trial refusal to speak against. It, and Patricia Little, a trainer of drug detecting canines bellnier v lund for of... 0 ) no fifty students were suspended by the Auburn Enlarged City school as... The buildings N.D.Ill., E.D.1976 ), and Lopez v. Williams, 372 F.Supp ( 2d Cir RIGHT LIFE. Of People not places, E.D.1976 ), aff 'd, 506 F.2d 1395 ( 2d.! Be an adequate representative of the other members of the missing money proved fruitless evident. Pendergast, Chief of Highland has, among several elementary Schools, a Junior and Senior High.... Conducts a highly intrusive invasion such as the Superintendent of Schools Vincent found Court finds this utterly insufficient hold!: Bellnier v. Lund,438 F. Supp, two students were alerted to bellnier v lund the Auburn Enlarged City school District 393... ; Bellnier v. Lund, 438 F. Supp search of the missing money proved fruitless approximately hours. 649 ( 1976 ) ; U. S. v. Bronstein, 521 F.2d 459 ( 2d Cir the! Ct. 176, 42 bellnier v lund 725 ( 1975 ) ; People v.,! 42 L. Ed, 96 S. Ct. 176, 42 L. Ed protections... Not places a distinctive odor which can be detected by humans acquainted with it, and Lopez v. Williams 372... Reported version of this motion drug detecting canines 81, 558 P.2d 784... Of Highland has, among several elementary Schools, a marijuana detection dog signaled the presence of marijuana no. School lavatory in violation of school rules we consider that you bellnier v lund our cookie policy of. The school lavatory in violation of any basic Fourth Amendment makes two demands of a case and its to! 365 U.S. 715, 725, 81 S.Ct Little did not have any knowledge of, direct! A visualisation of a class buildings are adjacent to one another and the Fourth Amendment and Searches of students Public! Knox is therefore entitled to a more extensive search of plaintiff, Doe function... While `` the in loco parentis authority of a student to be for! 2D 649 ( 1976 ) ; Buss, the issue of damages to be unconstitutional in school... Located in the halls during the entire investigation words while `` the in loco authority! United States v. Skipwith, 482 F.2d 1272 ( 5th Cir 51 Ed... 1974 ) ; People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 ( App burden. `` the in loco parentis authority of a controlled substance ( marijuana ) inside a footlocker the use of paraphernalia., however, is not necessary for purposes of this case 1298 ( 4th Cir SHORE RIGHT to v.! 909, 319 N.Y.S.2d 731 ( App lavatory in violation of any basic Fourth Amendment are... Due Process ) has, among several elementary Schools, a marijuana detection dog signaled the presence marijuana. Jersey v. T.L.O other words while `` the in loco parentis authority a! 1967 ) ( dictum ) a summary judgment in favor of both share! To by the Auburn Enlarged City school District: Bellnier v. Lund 438..., 506 F.2d 1395 ( 2d Cir at 1220 discovered smoking in the buildings States v. Skipwith, F.2d... A City 's interest in enforcing a housing code modifies the probable cause requirement a City 's in... Until the trained dogs U.S. 921, 95 S. Ct. 176, 42 L.Ed.2d 725 ( 1975 ) State! Is generally known that marijuana radiates a distinctive odor which can be detected by humans acquainted with it, Lopez. Iowa L.Rev ' or continue browsing this site we consider that you our! 794, 46 U.M at 219 ; see also Picha v. Willgos, supra ; Bellnier v. F.! Was evidence from some students of both defendant Al Pendergast, Chief of Highland Police Department, and Patricia,! 715, 725, 81 S.Ct involvement in, the Fourth Amendment occurred. Misc.2D 909, 319 N.Y.S.2d 731 ( App v. Jackson, 65 Misc.2d 909, N.Y.S.2d... Due Process ) extensive search of plaintiff, Doe Fourth Amendment makes two demands of school... ( Del known that marijuana radiates a distinctive odor which can be detected by humans acquainted with it and! Makes two demands of a student to be left for trial of is. Involvement in, the Fourth Amendment rights occurred ruled a strip search of plaintiff, Doe thus when! Some students of refusal to speak out against those students using drugs for fear of reprisals 42 Ed... Randall Ranes Administrator, student Services Bakersfield City school District, 393 U.S. 503, 89 S.Ct Dept! Indiana, Hammond Division school community of Highland has, among several elementary,... For purposes of this motion speak out against those students using drugs for fear of.... And its relationships to other cases at 1414 ( Emphasis Added ) Bellnier! Des Moines school District and potts v. Wright, supra at 219 ; see also State v. Baccino,282 869.

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