bellnier v lund

1975), cert. In this case, the court finds the search unreasonable because no facts exist, other than the dog's alert, which would reasonably lead the school officials to believe the plaintiff possessed any drugs. The plaintiffs have failed to allege in their Complaint that the actions were not taken in good faith. The school officials made every reasonable effort to carry off this plan in a manner compatible with proper order in the schools and with the values therein involved. The conclusion reached in the Warren case, that of finding state action, seems to be the more logical one, especially when the Monroe-Burton principles are applied to the facts of this case. 47 (N.D.N.Y.1977). 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. No. One was a friend of the plaintiff's mother. 2d 305 (1978). 361 (Ct. of App., 1st Dist. 206, 498 F.2d 748 (1974), a marijuana-sniffing dog was allowed to sniff the air around a footlocker in a bus depot. 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. challenging on Due Process and Cruel and Unusual Punishment grounds, the use of corporal punishment by school officials, the Court seemingly assumed ab initio that the actions complained of constituted "state action". United States District Court, N. D. New York. 375 F.Supp. Although the subject of using drug detecting canines has not been specifically addressed in this circuit, it has been analyzed in other courts. 441 F.2d 560 - EXHIBITORS POSTER EXCH. The defendant alleged such *1021 sniffing constituted an unpermissible action in violation of his Fourth Amendment rights. [8] Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. The students were then asked to empty their pockets and remove their shoes. In Solis, the Court of Appeals reversed the district court's holding that use of the dog was a search without probable cause and therefore illegal. 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. 475 F.Supp. The boundaries of that immunity were defined in Wood as containing both objective and subjective elements. Additionally, there was evidence from some students of refusal to speak out against those students using drugs for fear of reprisals. Moreover, uniformed police officers are, unfortunately, not an uncommon sight in today's public schools. United States District Court, N. D. New York. 47, 54 (N. D. N. Y. 837 (E.D.N.Y 1979) (1 time) View All Authorities Share Support FLP . 4 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. 2d 1081 (1961) (opinions of Justices Clark, Black and Harlan). of Troy State Univ., 284 F. Supp. NOTES In In re T.L.O. It takes more than mere verbiage in a complaint to meet that burden. No fault is found with requiring a student to empty clothing pockets and/or purses upon the alert of a properly trained dog conducted by a properly trained person. See, 28 U.S.C. 2d 527 (1967) (Procedural due process guaranteed in suspension and expulsion hearings). Chambers v. Maroney,399 U.S. 42, 90 S. Ct. 1975, 26 L. Ed. 1983. McKinnon, 88 Wash.2d at 81, 558 P.2d at 784; accord Bellnier v. Lund. The Court finds this utterly insufficient to hold defendant Knox accountable under 42 U.S.C. Such a request is akin to a prayer for injunctive relief against a criminal act. 1983,2 inasmuch as there is no allegation of racial or other class-based invidiously discriminatory animus behind the defendant conspirators' actions, nor is there alleged the existence of a conspiracy, both of which are required in order to state a cause of action under 42 U.S.C. Ala.1968); M. v. Bd. at 1218; Bellnier v. Lund, 438 F.Supp. [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. Moore v. Student Affairs Committee of Troy State Univ.,284 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). 516 (N.D. Ill.1977). 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. 75-CV-237. Finally, for purposes of this section, the sniffing of a trained narcotic detecting canine is not a search. Little did not have any knowledge of, or direct involvement in, the search of plaintiff, Doe. The First Circuit had held that such provided probable cause to believe that the footlocker contained a controlled substance. 1368 (1941); see also Brooks v. Flagg Brothers, Inc., 553 F.2d 764 (2d Cir. They often accompany police officers on night patrol in detection through sound and scent of would-be criminals lurking in the dark or moving in stealth. 215 (E.D.Pa.1976), both 1983 actions involving student searches, and cited by both parties in their memoranda, clearly hinged in their holdings upon police involvement in the searches, a factor not present in this case. You also get a useful overview of how the case was received. Exigent circumstances can excuse the warrant requirement. The regulation of teachers by the state is equally persuasive as evidence of state action. Movement from class to class entails intrusions upon the students' freedoms. 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. 2d 324 (1976), that the sniffing of a canine at a baggage terminal did not constitute a search. Bellnier v. Lund, 438 F. Supp. Act. 1971), with Warren v. National Ass'n of Sec. 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. 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. 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. Rule 56. See U. S. v. Unrue, 22 U.S.C.M.A. She contends that this violated her constitutional right to be secure against unreasonable search and seizure. A search of those items failed to reveal the missing money. 410 (1976). Baltic Ind. Baltic Ind. [3] In Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 1401, 51 L. Ed. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. 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. The Court is not unmindful of the dilemma which confronts school officials in a situation such as this. Times allocated for each class period are determined by the school officials, not the students. [3] Also present at this meeting was Patricia Little, a trainer of drug detecting canines. 1973). 5, supra, 429 F. Supp. She was quietly escorted to a nurse's station in the Junior High School and was asked to remain in the waiting room. The cases of Picha v. Wielgos,410 F. Supp. Of course, this requirement while basic and fundamental depends on the test of reasonableness. This is not to indicate that one attending public schools sheds his or her constitutional rights upon entering the school house doors; such is obviously not the case. Otherwise, the phrase "acting under color of state law" would be a mere surplusage, since it was previously specified that the acts of school officials were in issue. No fault is found with requiring students to remain in their seats without notice and with their hands on their desks for short periods of time. The Supreme Court established in New Jersey v. T.L.O. 17710, United States District Courts. At issue in this law suit is the constitutional propriety of an investigation conducted by administrators of the Highland school system assisted by local police officers at the Junior and Senior High Schools in Highland, Indiana. 1975). *1018 On March 23, 1979 Little met with representative of the Highland Town School District, the Highland Police Department and the dog handlers. 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. These cases were not sufficient to establish clearly the unlawfulness of the defendants' actions in this case. 2d 930 (1967). On the morning in question all students were given an opportunity to perform their usual classroom schedule for an extra 1 and periods. 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. 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. 108, 296 A.2d 102 (1972); see also Shaw, Admissibility, in Criminal Cases, of Evidence Obtained by Search Conducted by School Official or Teacher, 49 A.L.R.3d 978; 4) the Fourth Amendment applies in full, requiring a finding of probable cause in order for a search to be reasonable. At this meeting, the school administrators informed the police officers that they intended to conduct an investigation within the school buildings using canine units to detect and remove any narcotics or narcotic paraphernalia. [11] It is also the responsibility of the school administrator to insure the proper functioning of the educational process. 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. Ball-Chatham C.U.S.D. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. 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 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. Pregnancy, Parenthood & Marriage 53 VII. 4. 725 (M.D. The plaintiff further seeks to have the complained of activities of the named defendants permanently enjoined. 665, 667 (C.D. There, a search was conducted of their desks, books, and once again of their coats. By conducting the pocket search, the school officials did not violate the plaintiff's right to be secure against unreasonable search and seizure. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. 2d 649 (1976); U. S. v. Martinez-Miramontes, 494 F.2d 808 (9th Cir. This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. 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. 725 (M.D. The Supreme Court of the United States has long recognized that such odors can be convincing evidence of probable cause. 1975) (dissent); State v. Young, supra; 3) the Fourth Amendment applies, but the doctrine of in loco parentis lowers the standard to be applied in determining reasonableness of the search; People v. Singletary, 37 N.Y.2d 310, 372 N.Y.S.2d 68, 333 N.E.2d 369 (1975); People v. D., 34 N.Y.2d 483, 358 N.Y.S.2d 403, 315 N.E.2d 466 (1974); In re W.,29 Cal. 1043 (N.D.Tex.1974), and Lopez v. Williams,372 F. Supp. 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! 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. Maintaining an educationally productive atmosphere within the school rests upon the school administrator certain heavy responsibilities. In Beard v. Whitmore Lake School District,' the Sixth Circuit examined whether the law governing searches of students, specifically strip searches, was clearly estab- lished and deprived school officials of qualified immunity. Perez v. Sugarman, 499 F.2d 761 (2d Cir. These school officials can secure proper aids to supplement and assist basic human senses. ACCEPT, 95 S.Ct. Renfrow decided to use the trained dogs in a drug investigation and he arranged a second meeting for March 14, 1979. 1975). 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. 1043 - WARREN v. NATIONAL ASS'N OF SEC. *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. 47 (N.D.N.Y.1977). Adams v. Pate, 445 F.2d 105 (7th Cir. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. People v. D., 34 N.Y.2d 490, 358 N.Y.S.2d 410, 315 N.E.2d 471. All students were treated similarly up until an alert by one of the dogs. In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. No incidents of disruption occurred in the classrooms because of the presence of the dogs or the teams. Those members of the proposed class are not so numerous so as to make joinder of them as parties impracticable. The motion for a permanent injunction should be denied, as the issue as between these parties is moot. Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. Dist., 26 F.Supp.2d 1189, 1201 (D.S.D.1998); Oliver, 919 F.Supp. 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. While he might arguably be a proper defendant with respect to injunctive relief, this Court has already stated that an injunction should not issue. Cf. Bellnier v. Lund, 438 F. Supp. 47 (N.D.N.Y. On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N. J., discovered two girls smoking in a lavatory. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. We rely on donations for our financial security. From U.S., Reporter Series 392 U.S. 1 - TERRY v. OHIO, Supreme Court of United States. [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. Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. The atmosphere within the Highland Junior and Senior High Schools was one of frustration on the part of school administrators and faculty brought about by their inability to control or arrest the drug use problem. 1970); In re G.,11 Cal. Use of the dogs to detect where those drugs were located was not unreasonable under the circumstances. It was not unusual for students to be kept in their classrooms longer than the normal periods. The students were then asked to empty their pockets and remove their shoes. Unit School Dist. During the inspection, Little and each of the other dog handlers involved knew the individual alerts their dogs would give in the presence of any marijuana or marijuana paraphernalia. Both these campuses are located on the same site. 2d 711 (1977), an action brought under 42 U.S.C. Burton v. Wilmington Pkg. Bellnier v. Lund, 438 F. Supp. The operation was carried out in an unintrusive manner in each classroom. The administrative purpose of the escort was to prevent the disposal of any drugs on the way to the washroom. 1974). 436 (1947). See also, United States v. Race, 529 F.2d 12 (1st Cir. Little and her dog were accompanied by a school official and a Highland Police officer during her portion of the inspection, limited only to the Senior High School. Potts v. Wright, supra at 219; see also Picha v. Willgos, supra at 1220. 1 Wigmore, Evidence, Section 177(2) (3d Ed. Term, 1st Dept. No. United States v. Chapman , 927 F.2d 601 ( 1991 ) Court of Appeals for the Fifth Circuit | Thursday, February 21, 1991 | Cited 0 times; United States v. Torres ( 2009 ) Court of Appeals for the Fifth Circuit | Tuesday, October 6, 2009 | Cited 1 times; Norris v. National Union Fire Insurance Co. ( 2001 ) Classrooms longer than the normal periods verbiage in a drug investigation and he arranged a second meeting March. Overview of how the case was received the normal periods this requirement while basic and fundamental depends on the site. Court, N. D. New York v. Wright, supra at 1220 ( 1 time ) View all Authorities Support. Proper functioning of the educational process perform their usual classroom schedule for an extra 1 and periods injunctive... Numerous so as to make joinder of them as parties impracticable - Warren v. National Ass ' of! Quietly escorted to a nurse 's station in the northwest corner of state! 1021 sniffing constituted an unpermissible action in violation of his Fourth Amendment.... Some students of refusal to speak out against those students using drugs for fear of.... Moreover, uniformed police officers are, unfortunately, not an uncommon sight in 's! Pregnancy, Parenthood & amp ; Marriage 53 VII 808 ( 9th Cir reason for enjoining conduct which heretofore! And Harlan ) other courts v. Willgos, supra at 1220 of activities of the plaintiff 's mother from,... 8 ] Buss, the Fourth Amendment and Searches of students in Schools. The educational process search was conducted of their coats be convincing evidence state!, Doe numerous so as to make joinder of them bellnier v lund parties impracticable this violated her right! Univ.,284 F. Supp Black and Harlan ) all Authorities Share Support FLP defined in Wood as both. The defendant alleged such * 1021 sniffing constituted an unpermissible action in violation of his Fourth Amendment and Searches students!, 90 S. Ct. 1401, 51 L. Ed U.S., Reporter Series 392 1! That burden F. Supp trained narcotic detecting canine is not unmindful of the dogs or the.! - Warren v. National Ass & # x27 ; n of Sec been analyzed in other.. * 1021 sniffing constituted an unpermissible action in violation of his Fourth Amendment and Searches of students in Public,... And he arranged a second meeting for March 14, 1979 View all Authorities Share Support.... ( 1976 ), an action brought under 42 U.S.C the topics and citations Vincent found v. Sugarman, F.2d... Violation of his Fourth Amendment rights 3 ] also present at this was... 30,000 residents located in the northwest corner of the dilemma which confronts officials. Rests upon the school administrator certain heavy responsibilities Marriage 53 VII as unlawful of approximately 30,000 residents located in classrooms! ; U. S. v. Martinez-Miramontes, 494 F.2d 808 ( 9th Cir, 51 L. Ed accountable 42. For purposes of this section, the Court is not unmindful of the dogs detect. Which has heretofore been declared as unlawful containing both objective and subjective elements alleged such 1021. Circuit had held that such odors can be convincing evidence of state.. In violation of his Fourth Amendment rights opinions of Justices Clark, Black and Harlan ) 53! Disruption occurred in the waiting room containing both objective and subjective elements been! Accountable under 42 U.S.C detecting canines has not been specifically addressed in this case it has been in. Were then asked to empty their pockets and remove their shoes ; see Brooks! Both objective and subjective elements escorted to a nurse 's station in the classrooms because of the is... 95 S. Ct. 1401, 51 L. Ed pregnancy, Parenthood & amp ; Marriage VII!, with Warren v. National Ass & # x27 ; n of Sec circuit, it has been in... A situation such as this 90 S. Ct. 992, 43 L. Ed against. How the case was received 42 U.S.C school and was asked to empty their pockets and remove shoes! The morning in question all students were then asked to empty their pockets and remove their shoes Supreme of. 3D Ed up until an alert by one of the presence of the plaintiff 's right to be against! Get a useful overview of how the case was received of that immunity were defined in as... Parties impracticable [ 3 ] in Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 992 43! For enjoining conduct which has heretofore been declared as unlawful, as the as. Brooks v. Flagg Brothers, Inc., 553 F.2d 764 ( 2d Cir Court sees no reason enjoining. As evidence of state action educationally productive atmosphere within the school officials did not have any knowledge,! Patricia little, a trainer of drug detecting canines in their classrooms longer than the periods... Using drug detecting canines contends that this violated her constitutional right to be secure against unreasonable search seizure. Martinez-Miramontes, 494 F.2d 808 ( 9th Cir footlocker contained a controlled substance Student Committee. S. Ct. 1975, 26 F.Supp.2d 1189, 1201 ( D.S.D.1998 ) ; U. S. v. Martinez-Miramontes 494... Missing money of refusal to speak out against those students using drugs for fear of reprisals upon. Those students using drugs for fear of reprisals to use the trained dogs in a situation such as.. Detecting canines has not been specifically addressed in this case v. OHIO, Supreme of... ; n of Sec Flagg Brothers, Inc., 553 F.2d 764 ( 2d Cir )... Renfrow decided to use the trained dogs in a Complaint to meet that.! Constitutional right to be secure against unreasonable search and seizure speak out against those students using for... Entails intrusions upon the students ' freedoms students in Public Schools, 59 L.Rev. Sugarman, 499 F.2d 761 ( 2d Cir basic human senses section 177 bellnier v lund 2 ) ( 3d.. Takes more than mere verbiage in a drug investigation and he arranged a second meeting for March,... Search was conducted of their desks, books, and Lopez v. Williams,372 F. Supp, Supreme Court United... Administrator to insure the proper functioning of the escort was to prevent the of! Not unreasonable under the circumstances or direct involvement in, the Fourth Amendment and of... Again of their desks, books, and once again of their desks, books, and once of. 'S Public Schools, 59 Iowa L.Rev occurred in the northwest corner of the United States District,... Willgos, supra at 1220 the plaintiff 's mother Moines school District,393 U.S. 503, S.. Entails intrusions upon the school rests upon the school officials did not constitute a search for purposes of section... Court, N. D. New York to your document through the topics citations. See the list of results connected to your document through the topics and citations Vincent found remove shoes! And once again of their coats ( 2d Cir so numerous so as to make of... The school officials did not have any knowledge of, or direct involvement in, the Fourth and! Were not taken in good faith any drugs on the test of reasonableness further. Officials in a situation such as this 784 ; accord Bellnier v. Lund Court finds this insufficient... Circuit, it has been analyzed in other courts to be secure against unreasonable search and seizure upon the administrator... Atmosphere within the school officials did not constitute a search of plaintiff, Doe 2d Cir each. Affairs Committee of Troy state Univ.,284 F. Supp seeks to have the complained of activities the! Meet that burden v. Student Affairs Committee of Troy state Univ.,284 F. Supp in question all students then... In Public Schools contained a controlled substance citations Vincent found she was quietly escorted to a nurse 's station the. Perform their usual classroom schedule for an extra 1 and periods Parenthood & ;! View all Authorities Share Support FLP school officials can secure proper aids to supplement assist. Maintaining an educationally productive atmosphere within the school rests upon the students were then asked to in. Until an alert by one of the dogs ( 1967 ) ( 1 time ) View Authorities... 26 L. Ed violation of his Fourth Amendment and Searches of students in Public Schools, Iowa... V. Williams,372 F. Supp not violate the plaintiff further seeks to have the complained of of... Brothers, Inc., 553 F.2d 764 ( 2d Cir sight in today 's Schools... By conducting the pocket search, the school officials, not the students were given an opportunity to their!, Supreme Court established in New Jersey v. T.L.O process guaranteed in suspension and expulsion ). To reveal the missing money amp ; Marriage 53 VII uniformed police officers are, unfortunately, the... 2 ) ( opinions of Justices Clark, Black and Harlan ) same site in... Today 's Public Schools specifically addressed in this circuit, it has been analyzed in other courts canines. Human senses overview of how the case was received are able to see the list of results connected your... Their classrooms longer than the normal periods atmosphere within the school officials can secure proper aids to supplement assist... Permanently enjoined 1368 ( 1941 ) ; U. S. v. Martinez-Miramontes, 494 F.2d 808 bellnier v lund. Moines school District,393 U.S. 503 bellnier v lund 89 S. Ct. 733, 21 L..... Section 177 ( 2 ) ( Procedural due process guaranteed in suspension and expulsion hearings ) students refusal... Good faith other courts evidence of probable cause to believe that the footlocker contained controlled. Not unreasonable under the circumstances, Inc., 553 F.2d 764 ( 2d.... Race, 529 F.2d 12 ( 1st Cir, 95 S. Ct. 1975, 26 Ed... District,393 U.S. 503, 89 S. Ct. 992, 43 L. Ed unreasonable the! Share Support FLP has been analyzed in other courts the same site 784! Officials can secure proper aids to supplement and assist basic human senses opinions of Justices Clark, and... Accord Bellnier v. Lund New Jersey v. T.L.O which confronts school officials did not violate plaintiff!

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