Pubdate: Sun, 07 May 2000
Source: Oklahoman, The (OK)
Copyright: 2000 The Oklahoma Publishing Co.
Contact:  P.O. Box 25125, Oklahoma City, OK 73125
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Author: David Hartman, Staff Writer

HARRAH STUDENT APPEALS DRUG SUSPENSION

HARRAH -- Harrah High School administrators had sufficient reason to
believe that Byron Kieth Wilkins had illegal drugs in his backpack
March 24 when they asked him to submit to a drug test, the district
said in a statement Friday.

But the statement didn't shed any light on why Wilkins' suspension was
upheld by the school board even after the backpack was found to
contain no illegal drugs.

An attorney for Wilkins filed for an injunction against the school
district in U.S. District Court May 3.

Harrah School Board President Ed Welton declined comment, referring
all questions to the district's attorney, Doug Mann.

Mann could not be reached for comment.

Under district's drug testing policy, any student who refuses a drug
test will be treated as if the student tested positive for illegal
drugs.

"The school district had reasonable individualized suspicion
justifying a drug test of the student and the term of out-of-school
suspension was reasonable under the circumstances," Superintendent Dan
Foreman wrote.

"The school district is confident that the court will uphold the
Harrah School District's ongoing efforts to keep our children safe and
prevent the presence of drugs in its schools."

But attorney Brian Dell said the district no longer had reason to
believe Wilkins was under the influence of drugs when the search of
the backpack didn't find any.

And Wilkins has the constitutional right to attend school without
being required to submit to suspicionless drug testing, Dell said.

Some particles of an unknown substance were taken from the bag and
sent to the Harrah police department. But the substance wasn't tested
because officers didn't believe it was anything illegal.

"(The particles) were very consistent with the particles in an empty
cigarette package," said Chief Rick Reier. "There was no resemblance
to marijuana at all."

But Edmond police Sgt. Matt Griffin, who has handled drug dogs in that
city for several years, said narcotics dogs are trained to react to
odor, not to physical evidence.

If a dog indicates the presence of drugs but no drugs are found, that
doesn't mean that drugs or anything associated with drugs hasn't been
there before.

Odors, especially marijuana odors, permeate their surroundings and
linger there, Griffin said.

"We can wrap a towel around a sealed baggie of marijuana, come back a
few hours later and take the towel off the baggie. If we hide the
towel, the dog will find it," Griffin said.

But Dell said even the odor of drugs in the backpack doesn't mean
drugs were ever there.

"A drug dog will hit on any $20 bill," Dell said. "Any $20 bill that's
been in circulation more than a week has been involved in a drug
deal," Dell said.

Griffin agreed that tainted money inside a backpack could carry enough
scent to alert a dog.

Dell's request for an injunction would get Wilkins back in school and
require the district to give him opportunities to make up lost work
during the summer.

The request also seeks financial compensation for wages Wilkins will
lose by not being able to work this summer while completing his class
work.

Dell said this case is different from a recent unsuccessful challenge
of the constitutionality of a drug testing policy in Tecumseh.

In that case, the court ruled in March that Tecumseh could require
random drug testing for students involved in extracurricular activities.

That decision is being appealed.

But the issue in Harrah isn't extracurricular activities. It's the
opportunity to go to school, Dell said.

"Kieth Wilkins has to go to school. It's the law," Dell said.
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