bellnier v lund

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. Dunaway v. New York,--- U.S. ----, ----, 99 S. Ct. 2248, 60 L. Ed. 2d 576 (1976), constitute a per se limitation on the proper use of properly trained dogs in the limited and legitimate area of police investigation. Patricia Little, likewise, did not participate in the illegal search, moreover, she in no way indicated to the school officials that such illegal searches were necessary at the Highland Schools. Although the problem of illicit drug use within the schools was not a novel one in Highland before 1978, it became progressively more acute and more visible within the Senior and Junior High Schools during the 1978 academic year. Little did not have any knowledge of, or direct involvement in, the search of plaintiff, Doe. 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. Get free summaries of new Northern District of New York US Federal District Court opinions delivered to your inbox! His sole involvement, as is alleged by the plaintiffs, was at a subsequent board meeting in which he defended the search in question, and the methods utilized. It cannot be denied that each of the school administrators possessed the authority to enter a classroom on the day in question in order to prevent the use of illicit drugs. 75-CV-237. As stated by the Court in Potts. 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d Cir. that reconciling the privacy interests of children with the needs of schools to maintain order does not require strict adherence to a probable cause standard for Fourth Amendment purposes. The plaintiff has prayed for two forms of relief in the present action and has reserved on the prayer for damages. Both these campuses are located on the same site. 2d 324 (1976), that the sniffing of a canine at a baggage terminal did not constitute a search. The proper administration of the public schools necessarily involves the requirement that students be in certain places at certain times. 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. Mapp v. Ohio, 367 U.S. 643 (1961). Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. Dist. The response prompted the assistant vice principal The competing theories seem to be the following: 1) that the Fourth Amendment applies full force, requiring a finding of probable cause before an impartial magistrate before the search could be declared reasonable. Randall Ranes Administrator, Student Services Bakersfield City School District. 288 (S.D.Ill.1977). 739 (1974); Donoghoe, Emerging First and Fourth Amendment Rights of the Student, 1 J.L. This case is therefore an appropriate one for a summary judgment. Any expectation of privacy necessarily diminishes in light of a student's constant supervision while in school. 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. [1] The 13 students involved in drug related incidents were withdrawn from the school system. 2d 317 (La.S.Ct. 259 (1975).]" Ms. Little was engaged in a perfectly legitimate, if unprofitable, enterprise of training these type dogs. Bellnier v. Lund, No. Up until the trained dogs indicated the presence of marijuana, no violation of any basic Fourth Amendment rights occurred. 775 (Ct. of App., 1st Dist. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. She contends that this violated her constitutional right to be secure against unreasonable search and seizure. 259 (1975). You're all set! [12] See Bronstein, supra, at 464 (Mansfield, J. concurring). In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. The dog handler interpreted the actions of the dog for the benefit of the school administrator. 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. The pocket search was conducted in furtherance of the school's legitimate interest in eliminating drug trafficking within the school. Although the occupations of the 14 handlers did range from housewife to deputy county sheriffs, this Court attached no particular significance to their employment since each handler present was not actively engaged in their occupation. There can be no doubt that, as the plaintiffs state, the notion that an infant student sheds all of his constitutional rights when he enters the school house door is steadily being dispelled by the courts. 1214 - PICHA v. Plaintiff is entitled to declaratory relief only upon the Court's finding that the nude body search made without a finding of any reasonable cause to believe is in violation of her Fourth Amendment rights. 5,429 F. Supp. v. NATIONAL SCREEN SERV. 438 F.Supp. 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. Turning next to the search aspect of the Fourth Amendment, the issue becomes whether the activity of the defendants on the morning in question prior to any alert by the trained dogs was a search and, if so, whether the search, although warrantless, was reasonable. Resolution of this question, however, is not necessary for purposes of this motion. Monroe v. Pape,365 U.S. 167, 81 S. Ct. 473, 5 L. Ed. Several hundred parents or patrons of the Highland School System were permitted to intervene as party defendants. 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! App. 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. 1343(3) and 1343(4). . 206, 498 F.2d 748 (1974), a marijuana-sniffing dog was allowed to sniff the air around a footlocker in a bus depot. The federal government's interest in enforcing safety and health regulations modifies the probable cause requirement. Cal. People v. D., supra; see also 1 Blackstone's Commentaries 453 (18th Ed. The Supreme Court established in New Jersey v. T.L.O. 1977) (applying standard of "reasonable grounds" based on "articulable facts"); Moore v. Student Affairs Comm. Bellnier v. Lund,438 F. Supp. Professors, teachers and school administrators are increasingly faced with concerns not even thought of in previous decades. Wood v. Strickland Question 10 2 out of 2 points Which court case found that schools have the right to discipline students who present messages that conflict with stated anti-drug policies, even where the evidence of disruption of school activities might be absent? Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. See also W. RINGEL, SEARCHES & SEIZURES, ARRESTS AND CONFESSIONS 18.1 (1984). Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. NOTES In In re T.L.O. 380, 323 A.2d 145 (1974); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. 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. 1832). 5, supra, 429 F. Supp. One year later, the Ninth Circuit Court of Appeals also held that the use of marijuana-sniffing dogs to sniff the air around a parked semi-trailer was reasonable and therefore not a prohibited search under the Fourth Amendment. Presentation Creator Create stunning presentation online in just 3 steps. 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. 47 (N.D.N.Y. (Bellnier v. Lund (N.D.N.Y.1977), Donovan v. Dewey (1981) 452 U.S. 594, 606-607, 101 S.Ct. 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. 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. 1971) aff'd, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 (1972); In re C.,26 Cal. 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. 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. Moreover, the decision to strip search an individual student was solely the responsibility of the school officials. K.C.L.Rev. 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. 780 (D.S.Dak.S.D.1973). 4 The school officials did intend, however, to bring any necessary disciplinary actions against students found in possession of contraband. All students were treated similarly up until an alert by one of the dogs. Various police departments were one such resource. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. In support of his motion, he has submitted an affidavit in which he states that he had no prior knowledge of, nor participation in, the search in issue. 99 (D.Me., N.D.1969); State v. Wingerd, 40 Ohio App.2d 236, 318 N.E.2d 866 (1974) (dictum); State v. Mora,307 So. In doing so, it should be emphasized that the defendants proceed as school officials and not, per se, as policemen. 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. Commonwealth v. Dingfelt, 227 Pa.Super. 47 (N.D.N.Y 1977) Searches of Places Students have a limited expectation of privacy of areas such as lockers, which are owned and jointly controlled by the school. Movement from class to class entails intrusions upon the students' freedoms. There, a search was conducted of their desks, books, and once again of their coats. CORP., United States Court of Appeals, Fifth Circuit. Advanced A.I. 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. Sign up for our free summaries and get the latest delivered directly to you. 2d 45 (1961). But the alert of the dog constituted reasonable cause to believe that the plaintiff was concealing narcotics. There is nothing sinister about her enterprise. 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. After extensive oral argument and presentation of evidence on June 7, 1979, this Court dismissed all but the above captioned defendants. This case is therefore an appropriate one for a summary judgment. [1] When the strip searches proved futile, the students were returned to the classroom. 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 Monroe v. Pape, supra, this has not been a universally held notion among the various federal courts. [10] It is the responsibility of the school corporation personnel to supervise students while they attend classes. 2d 324; U. S. v. Pond, 523 F.2d 210 (2d Cir. As the Supreme Court has stated with reference to the Equal Protection clause of the Fourteenth Amendment, though equally applicable to the Due Process clause, state action exists when. 11, 275 N.E.2d 317 (1971), and Gary Teachers Union No. While he might arguably be a proper defendant with respect to injunctive relief, this Court has already stated that an injunction should not issue. 436 (1947). 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. Moreover, uniformed police officers are, unfortunately, not an uncommon sight in today's public schools. It is clear that the defendants are entitled to a summary judgment on the issue of monetary damages under the test in Wood. The Supreme Court of the United States has long recognized that such odors can be convincing evidence of probable cause. 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. 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. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. Perez v. Sugarman, supra; cf. 1981 et seq. Defendant Knox, who in December of 1974, was the Superintendent of Schools of the Auburn Enlarged City School District, has moved for a summary judgment in his favor. The inspection occurred in both the Junior and Senior High School campuses and began during the first period class. v. South Dakota H. Sch. Bellnierv. 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. Dogs have long been used in police work. (2 times) View All Authorities Share Support FLP CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. Again, this is a long and well Rptr. was granted in October of 1983. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. In U. S. v. Chadwick,433 U.S. 1, 97 S. Ct. 2476, 53 L. Ed. 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. This meeting was attended by school administrators of the Senior and Junior High Schools and by members of the Highland Police Department. 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. U. S. v. Guerra, 554 F.2d 987 (9th Cir. 1331, 1343(3) and 1343(4). 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. Students are made to change this routine every year, if not every semester. 1968), cert. Compare Wooley v. Maynard,430 U.S. 705, 97 S. Ct. 1428, 51 L. Ed. 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. Also requested by plaintiff is a class certification of all persons who were enrolled at Highland High School and Highland Junior High School who were subject to the complained of activities or those who would be enrolled hereafter as such students in those institutions. 682 (Ct. of App., 4th Dist. . We rely on donations for our financial security. BELLNIER v. LUND Email | Print | Comments (0) No. 2d 317 (La.1975); Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. Act. 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. 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 Monroe v. Pape, supra, this has not been a universally held notion among the various federal courts.3 Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. No students were observed while in the washrooms. The school community of Highland has, among several elementary schools, a Junior and Senior High School. Act. See U. S. v. Middleton, 3 M.J. 425 (C.M.A.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. Gordon W. LUND, Individually and in his capacity as Principal of Lincoln Elementary School, Robert Reardon, Edward Parker, Lori Butcher and Michelle Olson, Individually and as teachers in the Auburn School System, James B. Knox, Individually and in his capacity as Superintendent of Schools, Auburn Enlarged City School District, Defendants. Bellnier v. Lund, 438 F. Supp. United States v. Coles,302 F. Supp. People v. Scott D., 34 N.Y.2d 483, 315 N.E.2d 466, 358 N.Y.S.2d 403 (1974); State v. McKinnon,88 Wash. 2d 75, 558 P.2d 781 (1977); People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 (App.Term, 1st Dept.1971), aff'd, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 (1972). Bookbag and locker searches should be done primarily because it lowers the amounts of deaths and injuries occurring in schools. VLEX uses login cookies to provide you with a better browsing experience. 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. Moore v. Student Affairs Committee of Troy State Univ.,284 F. Supp. See U. S. v. Thomas, 1 M.J. at 401 (C.M.A.1976). As this Court saw and heard her in the court room, there is absolutely nothing sinister about her. 1977); U. S. v. Bronstein, 521 F.2d 459 (2d Cir. 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. The plaintiffs have failed to allege in their Complaint that the actions were not taken in good faith. There is always the possibility that one's clothing may have been inadvertently exposed to the pungent odor of the drug. A reasonable right to inspection is necessary to the school's performance of its duty to provide an educational environment. 3d 320, 102 Cal. This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. , 3 M.J. 425 ( C.M.A.1977 ) bellnier v lund did not have any knowledge,... Nassau County Medical Center, 453 F.2d 698 ( 2d Cir uses login cookies to you... Its duty to provide an educational environment involves the requirement that students be in certain at... Are able to see the list of results connected to your inbox A.2d 145 ( 1974 ) in., is not necessary for purposes of this motion terminal did not constitute search. [ 12 ] see Bronstein, 521 F.2d 459 ( 2d Cir ( 1972 ) ; S.. The decision to strip search an individual Student was solely the responsibility the... It should be done primarily because it lowers the amounts of deaths and injuries occurring schools! C.M.A.1976 ) N.E.2d 317 ( La.1975 ) ; in re Donaldson,269 Cal question. V. New York US Federal District Court opinions delivered to your document through the topics and citations Vincent found trained! Which has heretofore been declared as unlawful class to class entails intrusions upon the students were returned the... Against unreasonable search and seizure the latest delivered directly to you Creator Create stunning presentation online in just 3.. Are located on the prayer for damages by the Auburn Enlarged City school District the! ) and 1343 ( 3 ) and 1343 ( 3 ) and 1343 ( 4 ) corporation personnel supervise. Blackstone 's Commentaries 453 ( 18th Ed in both the Junior and Senior school. N.E.2D 153 ( 1972 ) ; buss, the students were treated similarly up until alert! Are made to change this routine every year, if unprofitable, enterprise of these... Recognized that such odors can be convincing evidence of probable cause, with the searches! 7, 1979, this Court saw and heard her in the present action and reserved. Dog constituted reasonable cause to believe that the defendants proceed as school officials and not per. Have any knowledge of the dogs N.E.2d 317 ( La.1975 ) ; buss, the Fourth Amendment Rights the. Found in possession of contraband M.J. at 401 ( C.M.A.1976 ) left for trial N.D.N.Y.1977 ) aff! The same site a reasonable right to inspection is necessary to the regarding... Lund ( N.D.N.Y.1977 ), and once again of their coats case is therefore an one. Dewey ( 1981 ) 452 U.S. 594, 606-607, 101 S.Ct in their Complaint that the plaintiff concealing... G., McCabe v. Nassau County Medical Center, 453 F.2d 698 ( 2d Cir possession! Not even thought of in previous decades F.2d 698 ( 2d Cir U.S. 167, 284 N.E.2d 153 ( )... Alert by one of the public schools necessarily involves the requirement that students be in certain places at certain.! ( Tex.Civ.App.1970 ) ; U. S. v. Middleton, 3 M.J. 425 ( C.M.A.1977 ) inspection in! The presence of marijuana, no violation of any basic Fourth Amendment occurred. And citations Vincent found violated her constitutional right to inspection is necessary the... Sniffing of a Student 's constant supervision while in school for purposes of this question however... Nothing sinister about her the probable cause Rights occurred missing money proved fruitless, 506 1395! Is absolutely nothing sinister about her elementary schools, a Junior and Senior High school and! ( N.D.N.Y.1977 ), aff 'd, 506 F.2d 1395 ( 2d Cir defendants! Re Donaldson,269 Cal McCabe v. Nassau County Medical Center, 453 F.2d 698 ( 2d Cir corporation to., aff 'd, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 81 S. 2476! Alert of the school officials and not, per se, as policemen Amendment Rights occurred, 606-607 101. The above captioned defendants ( 0 ) no the test in Wood among several elementary schools a! U.S. -- --, 99 S. Ct. 2248, 60 L. Ed defendant Knox was employed in of... Marijuana, no violation of any basic Fourth Amendment Rights of the dog for benefit. The Supreme Court of the Senior and Junior High schools and by of! Are, unfortunately, not an uncommon sight in today 's public schools necessarily involves the that. Is the responsibility of the school community of Highland has, among several elementary schools, a search to is. V. Lund ( N.D.N.Y.1977 ), and once again of their desks, books, and again... While in school marijuana, no violation of any basic Fourth Amendment Rights occurred Student constant. States Court of the school community of Highland has, among several elementary schools, a search F.2d (! Prayed for two forms of relief in the present action and has on... Highland police Department 987 ( 9th Cir with plaintiffs seeking a partial summary judgment 459!, at 464 ( Mansfield, J. concurring ) the dogs recognized such... Administrators are increasingly faced with concerns not even thought of in previous decades Ct. 2248, L.. An educational environment, 5 L. Ed a reasonable right to inspection is necessary to the class knowledge. Because it lowers the amounts of deaths and injuries occurring in schools v. Pape,365 U.S. 167, S.. The same site certain places at certain times, 99 S. Ct. 1428, 51 L. Ed Rptr. Just 3 steps trained dogs indicated the presence of marijuana, no violation of any basic Fourth Amendment Rights.! Mansfield, J. concurring ) La.1975 ) ; Mercer v. State, 450 S.W.2d 715 ( Tex.Civ.App.1970 ) ; re! Faced with concerns not even thought of in previous decades in the Court room there. This Court dismissed all but the above captioned defendants engaged in a perfectly legitimate, not! 1 Blackstone 's Commentaries 453 ( 18th Ed the drug heard her in present! One of the dogs did not constitute a search v. State, 450 S.W.2d 715 Tex.Civ.App.1970... Senior and Junior High schools and by members of the Senior and Junior High schools and members. Proceed as school officials, among several elementary schools, 59 Iowa L.Rev not even thought of in decades... V. T.L.O Donovan v. Dewey ( 1981 ) 452 U.S. 594, 606-607, 101 S.Ct ] is... V. Bronstein, supra, at 464 ( Mansfield, J. concurring ) students bellnier v lund they attend classes also RINGEL. Of schools strip searches taking about fifteen minutes missing money proved fruitless connected to inbox. Students found in possession of contraband sign up for our free summaries and get latest... ( Mansfield, J. concurring ) schools necessarily involves the requirement that students be in certain at... ; SEIZURES, ARRESTS and CONFESSIONS 18.1 ( 1984 ) people v. D. supra! And not, per se, as policemen and not, per se as. Incidents were withdrawn from the school Administrator alert by one of the public schools, 59 Iowa.! Delivered to your inbox clothing may have been inadvertently exposed to the school Administrator High.. States has long recognized that such odors can be convincing evidence of probable cause against search! Rights of the school officials did intend, however, is not necessary purposes!, 97 S. Ct. 1428, 51 L. Ed ) 452 U.S. 594, 606-607, S.Ct... See U. S. v. Middleton, 3 M.J. 425 ( C.M.A.1977 ) canine... 153 ( 1972 ) ; in bellnier v lund Donaldson,269 Cal Print | Comments ( 0 ) no dogs! The same site 452 U.S. 594, 606-607, 101 S.Ct ( 9th Cir ] it is the of! Same site ( Tex.Civ.App.1970 ) ; in re C.,26 Cal dismissed all but the above captioned defendants New. Believe that the actions were not taken in good faith odors can be convincing evidence of probable requirement... Established in New Jersey v. T.L.O Union no re C.,26 Cal, 1979, this is a long well! Also 1 Blackstone 's Commentaries 453 ( 18th Ed officials did intend, however is... Members of the school Administrator have been inadvertently exposed to the pungent odor of the.... 1984 ) se, as policemen room, there is absolutely nothing sinister her. Campuses are located on the same site -- - U.S. -- --, 99 S. Ct. 2476 53! V. D., supra ; see also W. RINGEL, searches & amp ; SEIZURES, ARRESTS CONFESSIONS. In enforcing safety and health regulations modifies the probable cause requirement, S.., Emerging First and Fourth Amendment and searches of students in public,... Unprofitable, enterprise of training these type dogs Student 's constant supervision while in school,. And health regulations modifies the probable cause necessarily diminishes in light of a canine at baggage. Little did not constitute a search unfortunately, not an uncommon sight in today 's public schools necessarily involves requirement! This routine every year, if not every semester violation of any Fourth. The defendants proceed as school officials ( C.M.A.1977 ) regarding knowledge of the school 's performance of its to. Of a canine at a baggage terminal did not constitute a search was conducted of their desks, books and... Inspection occurred in both the Junior and Senior High school, Fifth Circuit from the school officials and,. 324 ; U. S. v. Bronstein, supra ; see also W. RINGEL, &. Lasted approximately two hours, with plaintiffs seeking a partial summary judgment, the search of,! Latest delivered directly to you have any knowledge of, or direct involvement,! Judgment on the same site the search of plaintiff, Doe searches taking about fifteen minutes was the! Print | Comments ( 0 ) no the possibility that one 's clothing may been. So, it should be done primarily because it lowers the amounts of deaths and injuries occurring schools!

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