But the alert of the dog constituted reasonable cause to believe that the plaintiff was concealing narcotics. This case is therefore an appropriate one for a summary judgment. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. 1973); People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 (App. of the information used as a justification for the search." Turning to this case, the evidence shows the school administrators had compiled an extensive list of previous incidents of drug use within the school. 2d 492 (1961), citing United States v. Classic,313 U.S. 299, 61 S. Ct. 1031, 85 L. Ed. Both public and. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. 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. You can explore additional available newsletters here. 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. So it was with this plan. Waits v. McGowan, 516 F.2d 203 (3d Cir. 441 F.2d 299 - WILLIAMS v. DADE COUNTY SCHOOL BOARD, United States Court of Appeals, Fifth Circuit. 2d 725 (1975); also, cf. Advanced A.I. Moreover, the fact that the law is markedly unsettled on the issue of student searches in schools is aptly illustrated by the diversity of results and theories contained in the cases cited earlier in this opinion. Pendergast did not participate in the illegal search of plaintiff Doe, nor does any evidence show he conducted the search. 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. The students were then asked to empty their pockets and remove their shoes. v. NATIONAL SCREEN SERV. Each team consisted of a school administrator or teacher, a dog and its handler and a uniformed police officer. Adams v. Pate, 445 F.2d 105 (7th Cir. 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. 1983. At Great Lakes Skipper, we stock the parts you need to keep your Lund aluminum bass boats looking their best. In finding that the Fourth Amendment does apply in this case, this Court does not mean to imply that a showing of probable cause is necessary in order to uphold the search as reasonable. 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. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. 2534, 2542-2543, 69 L.Ed.2d 262). 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. Burton v. Wilmington Pkg. 1983 in an action for declaratory judgment and damages. 4 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. United States District Court, N. D. New York. 438 F.Supp. 2d 141 (1974); U. S. v. Falley, 489 F.2d 33 (2d Cir. Super. Please support our work with a donation. 725 (M.D. The Circuit Court for the District of Columbia responded that defendant's contention was "frivolous" and that the actions of the police were responsible and not in violation of any constitutionally protected rights. 206, 498 F.2d 748 (1974). Request a trial to view additional results. Both these campuses are located on the same site. Unit School Dist. ." 1974). Furthermore, this court is not here ruling whether any evidence obtained in the search could have been used in a criminal prosecution. Ms. Little with her vast experience in the training of dogs was another resource. Sign up for our free summaries and get the latest delivered directly to you. 2d 711 (1977), an action brought under 42 U.S.C. The use of drug detecting canine units was discussed at the March 6, 1979 meeting of the Board of the Highland Community School District and Superintendent of Schools, Omer Renfrow. ", 97 S. Ct. 2486. Four decades ago, Professor Wigmore cited the rule that most courts held admissible evidence that tracing by a trained dog led to the accused. 837 (E.D.N.Y 1979) (1 time) View All Authorities Share Support FLP . 1988); Bellnier v. Lund, 438 . The school buildings are adjacent to one another and the approximately 2,780 students of both schools share common facilities located in the buildings. All students were treated similarly up until an alert by one of the dogs. 516 (N.D. Ill.1977). *48 *49 New York Civil Liberties Union, Alan H. Levine, New York City, of counsel; Clifford Forstadt, Syracuse, N. Y., of counsel, for plaintiffs. Fifty students were alerted to by the drug detecting canines on the morning in question. 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. Plaintiff further alleges that being subjected to the nude search that morning violated her right against unreasonable search and seizure. The students were there ordered to strip down to their undergarments, and their clothes were searched. dents. 1977). Care was taken by the school officials to provide custodians at each exit in case an emergency arose. 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. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. 47 (N.D.N.Y. In Moore v. Student Affairs Committee of Troy State University,284 F. Supp. Patricia Little herself did not participate in any capacity other than as a volunteer dog trainer. Presentation of any evidence of possible damages was reserved until this Court's determination on the above issues. 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. Rule 56. Wood v. Strickland, supra, 420 U.S. at 321, 95 S. Ct. 992. Upon being asked to enter the inner office, two women introduced themselves to the plaintiff. Rptr. This Court holds that, while there need not be a showing of probable cause in a case such as this, there must be demonstrated the existence of some articulable facts which together provided reasonable grounds to search the students, and that the search must have been in furtherance of a legitimate purpose with respect to which school officials are empowered to act, such as the maintenance of discipline or the detection and punishment of misconduct. 1978); and Miller v. Motorola, Inc., 76 F.R.D. The cases of Picha v. Wielgos,410 F. Supp. 1331, 1343(3) and 1343(4). 729, 42 L.Ed.2d 725 (1975); also, cf. It is clear that the major thrust of plaintiffs' cause of action is based upon, Section 1983 requires a showing of action, "under color of any statute, ordinance, regulation, custom, or usage of any State or Territory". 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. 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. 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. 282 (1977); Note, Search and SeizureSchool Officials' Authority to Search Students Is Augmented by the In Loco Parentis Doctrine, 5 Fla.St.U.L.Rev. United States v. Solis, 536 F.2d 880 (9th Cir. 1981 et seq. On balance, the facts of this case mitigate against the validity of the search *54 in issue. *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. 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. I.C. *55 Wood v. Strickland, supra at 319-322, 95 S.Ct. See, e. g., Education. LEGION, United States District Court, E. D. In a proper case, the conduct of a properly trained dog standing alone can provide the necessary basis for probable cause. CORP., United States Court of Appeals, Fifth Circuit. Resolution of this question, however, is not necessary for purposes of this motion. Although unknown by the students, those uniformed officers in the halls that morning were under orders not to pursue any students outside the building. There is a heavy if not total carryover of the ideas expressed to administration of the public schools. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S.Ct. 2d 188 (1966). See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. 1971); see also Barrett v. United Hospital,376 F. Supp. U. S. v. Guerra, 554 F.2d 987 (9th Cir. 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. The inspection occurred in both the Junior and Senior High School campuses and began during the first period class. Subscribers are able to see a list of all the cited cases and legislation of a document. 2d 527 (1967) (Procedural due process guaranteed in suspension and expulsion hearings). Picha v. Wielgos,410 F. Supp. 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. 1985. Because of the increasing use of drugs within the school, students, faculty and administrators suffered a loss of morale at both the Senior and Junior High School. 2d 509, 75 Cal. Classroom disruptions and the concomitant loss of learning time occurred as a result of disciplining those students found to have been using drugs in the school during the regular school hours. The outer garments hanging in the coatroom were searched initially. No. 1368 (1941); see also Brooks v. Flagg Brothers, Inc., 553 F.2d 764 (2d Cir. [9] This *1019 latter area also has implications in the public school context. About this product Product Information This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. 441 F.2d 299 - WILLIAMS v. DADE COUNTY school BOARD, United States Court of Appeals, Fifth.. 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