Pubdate: Wed, 11 Feb 2004
Source: Worcester Telegram & Gazette (MA)
Copyright: 2004 Worcester Telegram & Gazette
Contact:  http://www.telegram.com/
Details: http://www.mapinc.org/media/509
Note: only publishes letters from state residents.
Author: Milton J. Valencia
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

SCHOOL DRUG RAID DECRIED BY ACLU

FITCHBURG- In the aftermath of last week's drug sweep by police at 
Leominster High School, the local American Civil Liberties Union chapter is 
warning Fitchburg High School to avoid the tactic, calling it a violation 
of students' constitutional rights.

"You have responsibility not just to protect the students, but to protect 
their rights as well," Ronal Madnick, director of the Worcester County 
Chapter of the ACLU of Massachusetts, said in a letter to Fitchburg High 
School Principal Bernard Welch.

Dated yesterday, the letter said drug raids in schools that target all 
students without probable cause are a violation of the students' Fourth 
Amendment rights. The Fourth Amendment guarantees the people's security and 
privacy against unreasonable search and seizure without probable cause.

Mr. Madnick said his office has been contacted by parents with concerns 
about rumors - circulating among parents, students and teachers - that 
Fitchburg High School has been targeted by police for a random search.

The rumors follow last week's police raid at Leominster High School, in 
which police had drug-sniffing dogs inspect lockers while students were in 
classrooms. No drugs were found.

Mr. Madnick said his office has concerns with the Leominster sweep, noting 
Superintendent of Schools Marilyn H. Fratturelli called the tactic routine.

"I hope it's not routine," he said. He also cited published reports quoting 
students saying they were scared, fearing a gun was in the school.

In the meantime, he said, the letter was sent to Fitchburg High School in 
an effort to be proactive, noting the complaints from parents.

Mr. Madnick said such searches cause fear among students, lump all students 
into one stereotype and intrude on their rights.

"We have no problems with individual suspicion," he said, "but the idea of 
assigning everyone as a possible offender is offensive.

"It's offensive when you treat all students this way," he said.

Local officials said there is no planned raid at the high school - they 
also said they couldn't comment if one was planned.

Superintendent of Schools Thomas J. Lamey said the school wouldn't conduct 
any sweep without first consulting with lawyers.

Like the mayor, Mr. Lamey said there is a growing concern about drugs. For 
now, he said, the School Department is reacting in its own way. There are 
two school-resource police officers, one based at the high school and one 
at Academy Middle School, he noted.

Also, he said, students have taken pride in their schools, and have alerted 
officials of concerns about crime on their own.

"They don't want to see their school, neighborhood and community rife with 
drugs," he said. "The students are our eyes and ears."

Mr. Lamey said the school wouldn't conduct a search unless officials felt 
there was an immediate need.

Mr. Madnick acknowledged schools have a responsibility to protect students. 
He cited a case in which the U.S. Supreme Court approved school searches. 
In that case, originating in 1984, a girl was found smoking tobacco in a 
restroom. She denied smoking, but a principal searched her pocketbook and 
found cigarettes, marijuana, rolling papers, paper bags and a list of 
people who owed her money. The court ruled that the school had a 
responsibility to maintain a learning environment and had the right to 
search the pocketbook.

However, Mr. Madnick said schools and police have abused the privilege.
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MAP posted-by: Jay Bergstrom