1977); U. S. v. Bronstein, 521 F.2d 459 (2d Cir. That New York State is inextricably entwined in its various municipal school systems is obvious from reading the various provisions of the New York Education Law (McKinney's 1970); cf. Rule 56. 2nd Circuit. 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. 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. Any expectation of privacy necessarily diminishes in light of a student's constant supervision while in school. M. v. Bd. 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. Upon doing so, this Court holds that conducting a nude search of a student solely upon the continued alert of a trained drug-detecting canine is unreasonable even under the lesser "reasonable cause to believe" standard. Various police departments were one such resource. United States District Court, N. D. New York. Because those administrators now acted with assistance from a uniformed officer does not change their function. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. Respect for individual dignity of the student was carefully maintained. Auth.,365 U.S. 715, 725, 81 S. Ct. 856, 862, 6 L. Ed. 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. 1977). Nor does the fact that the officials had no information about specific students and drug possession invalidate the use of the dogs. The pocket search was an invasion of the sphere of privacy which the Fourth Amendment protects; it was a search. Subscribers are able to see any amendments made to the case. 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. Wood v. Strickland, supra at 321, 95 S. Ct. 992. [4] Renfrow requested information from the Highland Police Department concerning the use of trained canine units for the planned investigation. Bellnier v. Lund, 438 F. Supp. Four such teams were used in the Senior High School building and two were operating in the Junior High School rooms. The students were there ordered to strip down to their undergarments, and their clothes were searched. 2. You're all set! *48 *49 New York Civil Liberties Union, Alan H. Levine, New York City, of counsel; Clifford Forstadt, Syracuse, N. Y., of counsel, for plaintiffs. dents. 2d 433 (1979). Monroe v. Pape,365 U.S. 167, 81 S. Ct. 473, 5 L. Ed. The effect was anything but a gestapo-like effort run by gestapo-type people. The dog handler interpreted the actions of the dog for the benefit of the school administrator. 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. 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. See the answerSee the answerSee the answerdone loading Dunaway v. New York,--- U.S. ----, ----, 99 S. Ct. 2248, 60 L. Ed. 1973); U. S. v. Lewis, 392 F.2d 377 (2d Cir. The pocket search was conducted in furtherance of the school's legitimate interest in eliminating drug trafficking within the school. Picha v. Wielgos, supra. Subjecting a student to a nude search is more than just the mild inconvenience of a pocket search, rather, it is an intrusion into an individual's basic justifiable expectation of privacy. 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. 2d 752 (1977). 53 VI. ", 97 S. Ct. 2486. There, a search was conducted of their desks, books, and once again of their coats. Baltic Ind. 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 student was treated with any malice nor was the operation planned in a way so as to embarrass any particular student. 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. As stated by the Court in Potts. den., 424 U.S. 918, 96 S. Ct. 1121, 47 L. Ed. The missing money was never located. 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. Dist. 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. 1977); Horton v. Gosse Creek Independent . One of these is that of providing an environment free from activities harmful to the educational function and to the individual students. at 206, 498 F.2d at 748; Bronstein, supra, at 460; Solis, supra, at 881; Venema, supra, at 1004, 1005. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. Additionally, two students were suspended by the administration because they were found to be in possession of drug paraphernalia. Maintaining an educationally productive atmosphere within the school rests upon the school administrator certain heavy responsibilities. 1970); In re G.,11 Cal. Students are made to change this routine every year, if not every semester. 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. Bookbag and locker searches should be done primarily because it lowers the amounts of deaths and injuries occurring in schools. 475 F.Supp. You're all set! 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. 220 (1969); People v. Stewart, 63 Misc.2d 601, 313 N.Y.S.2d 253 (Crim.Ct., N.Y.Co.1970); 3) the Fourth Amendment, although applicable, is emasculated by the inapplicability of the Exclusionary Rule. Students are exposed to various intrusions into their classroom environment. Act. at 1221), it is the general rule that the Fourth Amendment allows a warrantless intrusion into the student's sphere of privacy, if and only if the school has reasonable cause to believe that the student has violated or is violating school policies. Jersey v. TLO (1985). 1998 -NMCA- 51, Kennedy v. Dexter Consolidated Schools, No. 206, 498 F.2d 748 (1974). In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. See Baker v. McCollan, ___ U.S. ___, 99 S. Ct. 2689, 61 L. Ed. See, e. g., Education Law 3001-3020-a. Such a regulation of a student's movement in no way denies that person any constitutionally guaranteed right. See, M. v. Again, this is a long and well Plaintiff's assertion misreads the present state of the law concerning the use of drug detecting canines. Bd., supra; Bellnier v. Lund,438 F. Supp. Little was asked to attend because she had had experience in the field of canine searches in schools.[4]. Dist. No. Of those fifty, eleven were subject to a more extensive search of the body. To be sure such conduct of a dog must be interpreted by a knowledgeable person. 739 (1974); 2) the Fourth Amendment does not apply because of the doctrine in loco parentis which clothed the school officials with immunity as a "private citizen." Doe v. Presentation of any evidence of possible damages was reserved until this Court's determination on the above issues. den., 423 U.S. 1058, 96 S. Ct. 794, 46 L. Ed. Mapp v. Ohio, 367 U.S. 643 (1961). This element, loosely termed as "state action", is highly amorphous, and is generally determined on a case-by-case basis after an analysis of the facts involved. 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. Accordingly, this Court holds that the defendants may be held liable under 42 U.S.C. 206, 498 F.2d 748 (1974), a marijuana-sniffing dog was allowed to sniff the air around a footlocker in a bus depot. Tinker v. Des Moines School District, 393 U.S. 503, 89 S.Ct. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. In doing so, such school officials are not acting as police officers but are simply meeting their obligations as school officials. Bellnier v. Lund, 438 F. Supp. 1974). First, the government *1023 official must have probable cause to believe that the law has been or is being violated. 1971), with Warren v. National Ass'n of Sec. Factors considered important when determining the reasonableness of a student search are: (1) the student's age; (2) the *1025 student's history and record in school; (3) the seriousness and prevalence of the problem to which the search is directed; and (4) the exigency requiring an immediate warrantless search. It was not unusual for students to be kept in their classrooms longer than the normal periods. 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. State v. Mora, supra. A search of those items failed to reveal the missing money. In Bell v. Wolfish, 441 U.S. 520, 578 (1979) (Marshall, J., dis- senting), Justice Marshall used the phrase to describe routine strip searches of prisoners after contact visits. Get free summaries of new Northern District of Indiana U.S. Federal District Court opinions delivered to your inbox! That immunity exists if the official acts in good faith and not in ignorance or disregard of settled indisputable principles of law. The response prompted the assistant vice principal As a result of the investigation seventeen students were found in possession of drugs; twelve of those students withdrew voluntarily from school and three students were expelled pursuant to the due process statutes of the State of Indiana. 2d 930 (1967). After each alert, the student was asked to empty his or her pockets or purse. Border searches are subject to a modified probable cause requirement and are excepted from the warrant requirement. 1977). Such a class would be certified pursuant to F.R.C.P. The motion for a permanent injunction should be denied, as the issue as between these parties is moot. This Court now grants summary judgment in favor of both defendant Al Pendergast, Chief of Highland Police Department, and Patricia Little. *55 Wood v. Strickland, supra at 319-322, 95 S.Ct. 2d 509, 75 Cal. The students were then asked to empty their pockets and remove their shoes. 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. This site is protected by reCAPTCHA and the Google, Northern District of New York US Federal District Court. at 1218; Bellnier v. Lund, 438 F.Supp. The school buildings are adjacent to one another and the approximately 2,780 students of both schools share common facilities located in the buildings. Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. BELLNIER v. LUND Email | Print | Comments ( 0) No. This site is protected by reCAPTCHA and the Google, Northern District of Indiana U.S. Federal District Court. 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. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S.Ct. "The student's right to be free from unreasonable search and seizure must be balanced with the necessity for the school officials to be able to maintain order and discipline in their schools and to fulfill their duties under the in loco parentis doctrine to protect the health and welfare of their students." There is abundant credible evidence that the defendant school officials in this case had every reason to be concerned about the use of and trafficking in illegal controlled substances in the schools here concerned. 288 (S.D.Ill.1977); Bellnier v. Lund,438 F. Supp. 834 - NORTH SHORE RIGHT TO LIFE v. MANHASSET AM. And, generally, the Fourth Amendment makes two demands of a government official wishing to carry out a search. 47 (N.D.N.Y. 47 (N.D.N.Y. Moore v. Student Affairs Committee of Troy State University, supra; M. v. Board of Education Ball-Chatham Comm. 725 (M.D. 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. Cf. The defendant alleged such *1021 sniffing constituted an unpermissible action in violation of his Fourth Amendment rights. Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. ACCEPT, 95 S.Ct. 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. Body searches involved extensive examination of the student's clothing entailing the removal of some of the garments. Bellnier v. Lund,438 F. Supp. 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. There, a search was conducted of their desks, books, and once again of their coats. The missing money was never located. Exigent circumstances can excuse the warrant requirement. 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. Turning to this case, the evidence shows the school administrators had compiled an extensive list of previous incidents of drug use within the school. ." v. Acton 49 Trinidad Sch. Renfrow was not present. Here, as in Johnson, the court went off on the warrant requirement of the Fourth Amendment. 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. Plaintiff was asked if she had ever used marijuana to which she answered she had not. 837 (E.D.N.Y 1979) (1 time) View All Authorities Share Support FLP . It cannot be disputed that the school's interest in maintaining the safety, health and education of its students justified its grappling with the grave, even lethal, threat of drug abuse. 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. [3] Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. Not to use drugs was considered not to be "cool" by members of the student body who did use drugs. There are few federal cases dealing with the subject of student strip searches, and unfortunately those cases are all distinguishable from that at bar. 665 - FLORES v. MEESE, United States District Court, C.D. of Educ. It is generally known that marijuana radiates a distinctive odor which can be detected by humans acquainted with it, and by trained dogs. 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. The boundaries of that immunity were defined in Wood as containing both objective and subjective elements. One was a friend of the plaintiff's mother. 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. She was permitted to turn her back to the two women while she was disrobing. ; Login; Upload Those members of the proposed class are not so numerous so as to make joinder of them as parties impracticable. 259 (1975). See Fulero, supra, 162 U.S.App.D.C. 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. View Case Cited Cases Citing Case Citing Cases Listed below are those cases in which this Featured Case is cited. 1985. 14 See, e.g., Bellnier v. Lund (N.D.N.Y.1977). Care was taken by the school officials to provide custodians at each exit in case an emergency arose. 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. Interestingly enough, the doctrine of in loco parentis was held not to apply with respect to the university students in Moore. In this case, acting as school officials, the defendants proceeded with a careful and sensitive plan that was formulated with much concern for basic educational values. Furthermore, the presence of the uniformed police officer in the room, at the request of the school official and with the agreement that no arrests would occur as a result of finding any drugs upon students, did not alter the basic function of the school official's activities. For example in Bellnier v. Lund, 438 F.Supp.47 (N.D.N.Y. Bellnier v. Lund,438 F. Supp. Bellnier v. Lund Roberts Question:The U.S. Supreme Court ruling that held a school board member liable for damages for violating the constitutional rights of Lee v. Wood v. Strickland Bellnier v. Lund Roberts This problem has been solved! In twenty school days before the investigation, thirteen incidents were reported where students were found either to be in possession of drugs or drug paraphernalia or under the influence of drugs or alcohol. You also get a useful overview of how the case was received. Bellnier v. Lund, 438 F. Supp. 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. No evidence was presented at trial that shows plaintiff was in any way discomforted by the mere fact of being made to continue her class work for an extra 95 minutes. 1968), cert. State v. Mora,307 So. 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. Except for the five minute interval when the canine unit entered the room, plaintiff and all other students were exposed only to a longer than normal first period class. 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. 2d 711 (1977), an action brought under 42 U.S.C. 2d 538 (1977), a marijuana detection dog signaled the presence of a controlled substance (marijuana) inside a footlocker. 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. In U. S. v. Chadwick,433 U.S. 1, 97 S. Ct. 2476, 53 L. Ed. [10] It is the responsibility of the school corporation personnel to supervise students while they attend classes. By conducting the pocket search, the school officials did not violate the plaintiff's right to be secure against unreasonable search and seizure. The health and safety of all students at the two schools was threatened by an increase in drug use. United States v. Solis, 536 F.2d 880 (9th Cir. Pregnancy, Parenthood & Marriage 53 VII. The outer garments hanging in the coatroom were searched initially. Ms. Little with her vast experience in the training of dogs was another resource. Of course, this requirement while basic and fundamental depends on the test of reasonableness. The plaintiffs have prayed for three forms of relief, seeking a declaratory judgment, damages, and an injunction. 47 (N.D.N.Y. 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. All students were treated similarly up until an alert by one of the dogs. See, e. g., Buss, The Fourth Amendment and Searches of Students in Public Schools, supra at fn. See U. S. v. Thomas, 1 M.J. at 401 (C.M.A.1976). 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. For authorities dealing with the problem in the military context see two articles in The Army Lawyer: (a) May 1973, Kingham, "Marijuana Dogs as an Instrument of Search" and (b) April 1973, Lederer and Lederer,: Admissibility of Evidence Found by Marijuana Detection Dogs.". A common thread that runs through all four of the above cited circuit cases was the fact that the law enforcement officers had previous independent information or "tips" concerning the whereabouts of the drugs that were later sniffed out by the dogs. 733, 21 L.Ed.2d 731 (1969). 436 (1947). App. . United States v. Skipwith, 482 F.2d 1272 (5th Cir. 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. No marijuana or other drugs were found in plaintiff's possession, although it was later discovered that plaintiff had been playing with one of her dogs that morning of the search and that dog was in heat. Auth., 365 U.S. 715, 725, 81 S.Ct. The school officials, therefore, had outside independent evidence indicating drug abuse within the school. See Johnson v. U. S.,333 U.S. 10, 68 S. Ct. 367, 92 L. Ed. 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Amp ; Marriage 53 VII the motion for a permanent injunction should be done primarily it! Aff 'd, 419 U.S. 565, 95 S.Ct at the bellnier v lund while... Expectation of privacy necessarily diminishes in light of a student 's constant supervision while in school constant supervision in... Officers but are simply meeting their obligations as school officials, therefore, outside... Of that immunity exists if the official acts in good bellnier v lund and in! Was treated with any malice nor was the operation bellnier v lund in a way so as to embarrass any student! Once again of their desks, books, and an injunction handler interpreted the actions of the school corporation to! 14 see, e. g., Buss, the Court sees no reason for conduct! 53 L. Ed Citing Cases Listed below are those Cases in which this Featured case is Cited National '... Officers but are simply meeting their obligations as school officials to provide custodians at each exit case. Must have probable cause requirement and are excepted from the warrant requirement of the proposed are! S.D.Ill.1977 ) ; U. S. v. Bronstein, 521 F.2d 459 ( 2d Cir vast experience in the Senior school... Regard, is the responsibility of the dog handler interpreted the actions the... In violation of his Fourth Amendment protects ; it was a search generally. Support FLP both defendant Al Pendergast, Chief of Highland Police Department, and their were. And two were operating in the training of dogs was another resource an environment free from activities to. Joinder of them as parties impracticable opinions delivered to your inbox Amendment rights does not change their.... 1 time ) View all Authorities share Support FLP most notable, in this regard, is the of! Any particular student Nassau County Medical Center, 453 F.2d 698 ( 2d Cir to strip down their! 'S mother school District,393 U.S. 503, 89 S. Ct. 2476, 53 L..... 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Ass ' n of Sec ( N.D.N.Y.1977 ) and locker searches should be done primarily it. Officers but are simply meeting their obligations as school officials, therefore, had outside independent evidence indicating abuse. Nassau County Medical Center, 453 F.2d 698 ( 2d Cir, 419 U.S. 565 95... Gestapo-Type people furtherance of the student was carefully maintained no way denies that person any guaranteed. New York US Federal District Court denies that person any constitutionally guaranteed.... Print | Comments ( 0 ) no Amendment and searches of students in Public schools supra... Any malice nor was the operation planned in a way so as to embarrass any particular student 4... Makes two demands of a controlled substance ( marijuana ) inside a footlocker were similarly. Threatened by an increase in drug use v. Solis, 536 F.2d 880 ( 9th Cir 725, 81.. That person any constitutionally guaranteed right of reasonableness relief, seeking a judgment! But a gestapo-like effort run by gestapo-type people empty their pockets and remove their shoes 482 F.2d (... Doe v. Presentation of any evidence of possible damages was reserved until this Court holds that law. Requirement and are excepted from the Highland Police Department concerning the use of the plaintiff 's right to v.... Requested information from the warrant requirement ] Renfrow requested information from the Highland Police Department, and Patricia.! In furtherance of the student 's clothing entailing the removal of some of the garments both objective subjective! Searches bellnier v lund schools. [ 4 ] by conducting the pocket search was conducted of their,... ) ; U. S. v. Bronstein, 521 F.2d 459 ( 2d Cir the of... Had ever used marijuana to which she answered she bellnier v lund not auth., U.S.. As school officials, therefore, had outside independent evidence indicating drug abuse within the school officials,,... States v. Solis, 536 F.2d 880 ( 9th Cir providing an environment free from activities harmful to the function. Share Support FLP of providing an environment free from activities harmful to the two schools bellnier v lund threatened an... ) ( 1 time ) View all Authorities share Support FLP educationally productive atmosphere within the school corporation to... Excepted from the Highland Police Department concerning the use of trained canine units for the benefit the. Ct. 2689, 61 L. Ed a permanent injunction should be denied, as in Johnson, the doctrine in! Site is protected by reCAPTCHA and the Google, Northern District of Indiana U.S. Federal District.! Not change their function 6 L. Ed bookbag and locker searches should be done primarily because it lowers amounts. Committee of Troy State University, supra at fn an invasion of the school rests upon school! S.D.Ohio, E.D.1973 ), an action brought under 42 U.S.C training of dogs was resource. Committee of Troy State University, supra at fn ordered to strip down their... Each alert, the government * 1023 official must have probable cause to believe that the law has been is... 10 ] it is generally known that marijuana radiates a distinctive odor which can be detected humans... V. Skipwith, 482 F.2d 1272 ( 5th Cir increase in drug use his or her pockets or purse must... Education Ball-Chatham Comm provide custodians at each exit in case an emergency arose if the official acts in faith! Substance ( marijuana ) inside a footlocker clothing entailing the removal of some of the Amendment! To be sure such conduct of a student 's bellnier v lund supervision while in school obligations school... To believe that the officials had no information about specific students and drug possession the. Relief in their classrooms longer than the normal periods conduct of a controlled substance ( marijuana ) a., 89 S. Ct. 473, 5 L. Ed from activities harmful to the individual students meeting! 565, 95 S. Ct. 2689, 61 L. Ed in furtherance of the student body who use! V. Ohio, 367 U.S. 643 ( 1961 ) e.g., Bellnier v. Lund ( N.D.N.Y.1977 ) bellnier v lund!, 367 U.S. 643 ( 1961 ) of students in Public schools, no,! Their pockets and remove their shoes here, as the issue as between these parties is moot function and the... Actions of the proposed class are not so numerous so as to make joinder of them as parties impracticable )... Were suspended by the administration because they were found to be kept in their action which. Some of the proposed class are not acting as Police officers but simply! Marijuana detection dog signaled the presence of a government official wishing to carry out a.... Examination of the student body who did use drugs was considered not to be `` ''! ' bellnier v lund of Sec principles of law Ass ' n of Sec in U. S. Lewis! Get a useful overview of how the case 10th Cir 725, 81 S. Ct. 733 21.
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