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HAROLD BURBANK ET AL. v. BOARD OF EDUCATION OF THE TOWN OF CANTON (SC 18591)
Rogers, C. J., and Norcott, Katz, Palmer, McLachlan, Eveleigh and Vertefeuille, Js. Argued October 27, 2010--officially released January 5, 2011*

Harold Burbank, for the appellants (named plaintiff et al.). Peter J. Murphy, with whom, on the brief, was Thomas B. Mooney, for the appellee (defendant).

Opinion

PALMER, J. The named plaintiff, Harold Burbank, and the plaintiffs Marianne Burbank and A.B.1 appeal2 from the judgment of the trial court denying their application for an injunction prohibiting the defendant, the board of education of the town of Canton (board), from implementing its policy of using law enforcement personnel with drug-sniffing dogs to conduct unannounced, suspicionless searches on school property without a warrant.3 Because we conclude that the plaintiffs' claims are moot, we dismiss their appeal. The following facts and procedural history are relevant to our analysis of the mootness issue. On June 5, 2008, following a request by the board and Kevin D. Case, the superintendent of public schools of the town of Canton, officers of the Canton police department conducted a sweep of unattended cars and lockers at Canton High School and Canton Middle School using drug-sniffing dogs. The purpose of the warrantless, suspicionless sweep, which was expressly authorized by the board's policies, was to detect the presence of illegal substances on school property. The students were informed at the beginning of their first period class that the sweep would occur and that they were to remain in their classrooms during the sweep unless there was an emergency. The sweep began near the end of the first period and lasted approximately one hour. As a result of certain contraband found during the sweep, one student was arrested. Thereafter, on April 3, 2009, Harold Burbank and Marianne Burbank commenced the present action against the board on their own behalf and as parents and next friends of their child, A.B., who, at the time of the drug sweep, was a student at Canton High School. The plaintiffs sought to enjoin the board from implementing its policy of conducting warrantless, suspicionless sweeps on school property with drug-sniffing dogs or, alternatively, to require school officials to provide at least forty-eight hours notice to parents prior to such a sweep. According to the complaint, the board's policy of conducting unannounced sweeps on school property violated (1) the Burbanks' rights as parents to manage the safety and education of their child under the due process clause of article first,

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Connecticut Law