Pubdate: Tue, 23 Dec 2003
Source: Ellis County Press, The (TX)
Copyright: 2003, County Press Group LLP
Contact:  http://www.elliscountypress.com/
Details: http://www.mapinc.org/media/3025
Author: Joey Dauben
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)
Bookmark: http://www.mapinc.org/find?225 ( Students - United States)
Bookmark: http://www.mapinc.org/topics/informant

PARENT UPSET OVER UNDERCOVER DRUG SWEEP

Informant Used; Lawsuit, Picket Planned Friday

WAXAHACHIE - A drug "sweep" by an undercover informant and assistant
principal at Waxahachie Junior High School Wednesday, Dec. 11 has
Linda Gallegos fuming.

Waxahachie Independent School District officials said 12 students in
all were searched for drugs, including Gallegos' daughter, at the
school, which is located north of Highway 287 on Brown Street.

"Administrators and WISD security checked 12 students according to
state law and in accordance with confidentiality guidelines," said
Candace Ahlfinger, the district's public relations director.

"No drugs were found and the students were returned to
class.

"Waxahachie ISD investigates all rumors and threats for the safety of
students and staff."

Gallegos said her daughter, who just turned 14, had said an assistant
principal reached up her shirt to look for the drugs.

Originally, her daughter was not involved with the list the unnamed
informant provided to school officials.

So far, WISD has refused to reveal the list of student names the
informant provided to school officials.

A boy who was, however, on the informant's list, loaned Gallegos'
daughter his jacket. This caused the girl to be "directly involved."

"She learned her lesson about not wearing other people's clothes,"
Gallegos said.

Gallegos has since pulled her daughter from the school district, and
plans to file a civil rights lawsuit.

"I told them that this wasn't right, that this was the last straw"
said Gallegos, who noted she was not notified on a previous incident
when her daughter suffered a serious concussion at the school. "These
kids are 13, 14, and have no voice, can't vote.some civil liberties
are being broken here and they didn't contact anybody."

According to other students Gallegos' daughter talked to, they, too,
had been groped and searched by the assistant principal. The school
officials also threatened the students with In-School-Suspension,
Gallegos said, if they did not comply with the search.

Ahlfinger recommended Gallegos meet with the principal before going
before the school board with the complaints.

The district did not notify parents, Gallegos said, because students
feared they would be in trouble for being under suspicion of the drugs.

WISD officials have remained silent on naming the informant or the
assistant principal, but did admit last week's drug search was not the
first; a total of "two or three" searches have been conducted this
year so far, officials said.

Other agencies respond

When contacted, Waxahachie Police Chief Bobby Whitmire said he did not
know of the raid.

"I don't have a clue, but I can assure you if it was the WPD, parents
would have called me the next morning," he said. "The [drug] task
force can do it, if they have a warrant, but that's very abnormal. The
[sheriff's office] can do it, but they don't have to tell us."

Gallegos attended a meeting the next day with administrators, who
refused to allow supporters and this reporter to attend.

Lt. Danny Williams with the Ellis County Sheriff's Office said his
department did not know of the situation either.

Williams went on to say there's a difference between an informant and
an undercover agent. Though he doubts the school district would have
used a student, informants are usually civilians, whereas agents are
on a department's payroll.

The fact an assistant principal searched the students has also brought
up constitutional issues.

The Fourth Amendment to the U.S. Constitution protects individuals "in
their persons, houses, papers, and effects against unreasonable
searches and seizures."

A Supreme Court case, New Jersey v. TLO, states students are born with
rights, regardless of age, but if a "reasonable cause" is present,
school administrators can conduct the searches.

Because drugs were not found, however, the issue of reasonable cause
bolsters Gallegos' case. The federal case also goes on to state
licensed peace officers must have "probable cause" to obtain a warrant
and then conduct a search.

Additionally, the fact no school district handbook (three versions)
contains procedures for student searches will also be brought up in
the suit, Gallegos said.

Confrontation

After being tipped about the incident and following meeting, this
reporter visited Waxahachie Jr. High, only to be kicked off campus;
after meeting with Ahlfinger, district security vehicles showed up on
scene, a normal procedure, they said.

Before leaving the campus and meeting, Gallegos had slipped in this
reporter's tape recorder in a coat pocket, thereby confirming what
administrators said. Originally, a teacher referred to the drug bust
as a "sweep", but after a few minutes privately with administrators,
she began using the word "search."

Now, the incident is fueling efforts among some parents throughout the
school district to form a citizen's group and combat the
"unconstitutional actions" of the administrators.

"I told the [school officials] there's a lot of parents who feel the
same way, about pulling [their kids] out of school, and they looked at
me shocked. What happened was not right. You can't [violate] the
Fourth Amendment to the Constitution. These are kids.

"This ain't over yet."
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MAP posted-by: Larry Seguin