Pubdate: Tue, 06 Jul 2004
Source: Winston-Salem Journal (NC)
Copyright: 2004 Piedmont Publishing Co. Inc.
Contact:  http://www.journalnow.com/
Details: http://www.mapinc.org/media/504
Note: The Journal does not publish letters from writers outside its daily 
home delivery circulation area.
Author: The Associated Press

DRUG-SEARCH LAW WORRIES SOME OFFICERS

Private Dog Handlers Will Be Able To Sniff Out Drugs For Businesses

FAYETTEVILLE -- Some North Carolina police officers say they're concerned 
about a new state law that allows private dog handlers to conduct drug 
searches for businesses.

The law, which the legislature approved last year and takes effect in 
October, lets private dog handlers register with the state and establish a 
commercial detection service.

Supporters of the new law say that the private services can help employers 
maintain a drug-free workplace, but critics say that only sworn officers 
should be allowed to search for drugs because of legal issues.

"This is a bad idea," said Eldon Presnell, the president of the United 
States Canine Association for North and South Carolina. Presnell, a dog 
handler with the Greensboro Police Department, said that his association 
wants the law repealed.

Police are concerned, Presnell said, because the law was designed for 
people other than law-enforcement officers and could jeopardize the chain 
of custody by eliminating police from drug searches.

State officials have been developing requirements for private dog handlers. 
Proposed rules require those who apply to be dog handlers to show that they 
are competent in drug-detection training and handling, including basic 
obedience, dog safety, and the legality of searches and identifying illegal 
drugs.

The handlers must be certified by a state-approved association and 
registered with the Drug Enforcement Administration. Criminal-background 
and fingerprint checks will be done. The applicant must also register to 
handle drugs for training.

Richard Rogers, a retired police officer and a police-dog trainer who lives 
in Harnett County, said that the law could infringe on people's rights.

Police must have probable cause to conduct searches, but the law would let 
private companies and individuals to do what officers could not.

"We have got to adhere to the Fourth Amendment," said Sgt. Tim Loughman of 
the Cumberland County Sheriff's Office police-dog unit. "There are certain 
things that we as police officers must obey."

Loughman said that some dog-training associations will certify handlers 
only if they are police officers. He said that dog handlers must understand 
the details of search and seizure to eliminate problems if a case goes to 
court.

Other officers have taken a neutral stance.

"I don't know whether it will be good or not," said Herman Dunn, an 
investigator and dog handler for the Bladen County Sheriff's Office. "I 
guess we would have to see after a trial how it would go."
- ---
MAP posted-by: Beth