Horton v. Goose Creek Independent School Dist., 81-2215
| Decision Date | 14 December 1982 |
| Docket Number | No. 81-2215,81-2215 |
| Citation | 693 F.2d 524 |
| Parties | 7 Ed. Law Rep. 769 Robert HORTON, As Next Friend of Robby Horton, Heather Horton and Sandra Sanchez, On Their Own Behalf and On Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. GOOSE CREEK INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Arthur Val Perkins, Stefan Presser, Houston, Tex., for plaintiffs-appellants.
Richard A. Peebles, Baytown, Tex., for defendant-appellee.
Appeal from the United States District Court for the Southern District of Texas.
ON SUGGESTION FOR REHEARING EN BANC
(Opinion November 1, 1982, 5 Cir., 1982, 690 F.2d 470)
Before WISDOM, RANDALL and TATE, Circuit Judges.
Treating the suggestion for rehearing en banc as a petition for panel rehearing, it is ordered that the petition for panel rehearing is DENIED. No member of the panel nor Judge in regular active service of this Court having requested that the Court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 16), the suggestion for rehearing en banc is DENIED.
In its suggestion for rehearing en banc, the defendant complains that we have established a standard of reliability to be met by the drug-detecting dogs which is "clearly unattainable." The defendant contends that we "would require that a dog somehow be trained to alert only when it is reasonably certain that drugs are on the student's person, although the drugs are not visible and can be detected only by aroma." 1
The defendant has misconstrued our opinion. We did not say that the defendant must establish that there is a reasonable certainty that contraband is present in the lockers or cars or even that there is probable cause to believe that contraband will be found. Instead, we remanded the case to the district court for an evaluation of the reliability of the dogs so that the trial court might determine whether a dog's alert in fact gives rise to a reasonable suspicion that contraband is currently present.
This is the kind of determination that can be made on the basis of evidence concerning the dogs' performance, and perhaps by other methods. If a dog alerts a hundred times and there is no contraband on ninety of those occasions, then an alert conceivably might not arouse a reasonable suspicion. On the other hand, if a dog occasionally alerts because contraband was formerly, although no longer, present, we cannot say in the...
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Allen v. Board of Com'rs of County of Wyandotte, Civ. A. No. 90-2059-O.
...fullest vigor against any intrusion of the human body. Horton v. Goose Creek Indep. School Dist., 690 F.2d 470, 478, reh'g denied, 693 F.2d 524 (5th Cir. 1982), cert. denied, 463 U.S. 1207, 103 S.Ct. 3536, 77 L.Ed.2d 1387 (1983).8 The test of reasonableness under the Fourth Amendment "requi......
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U.S. v. Colyer, 88-3029
...on reasonable suspicion. Horton v. Goose Creek Indep. School Dist., 690 F.2d 470 (per curiam), petition for reh'g en banc denied, 693 F.2d 524 (5th Cir.1982) (sniff of school children); United States v. Whitehead, 849 F.2d at 857 (sniff of railway roomette on facts similar to those of the p......
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Schaill By Kross v. Tippecanoe Cty. School Corp.
...requiring reasonable suspicion. See, Horton v. Goose Creek Independent School District, 690 F.2d 470, 477 (5th Cir.1982), reh. denied, 693 F.2d 524 (1982), cert. denied, 463 U.S. 1207, 103 S.Ct. 3536, 77 L.Ed.2d 1387 (1983); Jones v. Latexo Independent School District, 499 F.Supp. 223 (E.D.......
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People in Interest of P.E.A.
...992-99 (1973 & 1987 Supp.) (discussing standards applicable to different types of school searches). But see Horton v. Goose Creek Indep. School Dist., 693 F.2d 524 (5th Cir.1982) (reasonable suspicion is appropriate standard for searching student's locker or car), cert. denied, 463 U.S. 120......