Pubdate: Thu, 17 May 2007
Source: Colonial, The (PA)
Copyright: 2007 Montgomery Newspapers
Contact:  http://www.zwire.com/site/news.asp?brd=1306
Details: http://www.mapinc.org/media/4504
Author: Keith Phucas
Bookmark: http://www.mapinc.org/dare.htm (D.A.R.E.)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

K-9 DRUG SWEEP SPARKS DEBATE

In recent years, K-9 sweeps of schools by police have raised concerns 
that these searches may violate students' constitutional rights. 
While some area school districts have allowed sweeps, others have not 
embraced the practice.

In the past year, the Colonial Board of School Directors has resisted 
requests by local police to perform K-9 searches of hallway lockers 
in district schools.

A letter from the school board's attorney claims that merely having a 
suspicion and not hard evidence of student drug use on campus is an 
insufficient reason to let the police dogs routinely search school lockers.

While fear of unreasonable searches is a legitimate concern when the 
animals are used to randomly sniff a student's body, clothing or book 
bag, the same expectation of privacy does not apply to school 
lockers, which are school property, according to an analysis of a 
1998 Pennsylvania Supreme Court ruling involving a former Harborcreek 
High School student in Erie County.

The former student, Vincent Cass, was arrested in 1994 after a K-9 
sweep of his school found marijuana and drug paraphernalia in his 
locker. Cass filed a lawsuit claiming the police action constituted 
an unreasonable search and seizure under the Fourth Amendment and 
Article 1, Section 8 of the Pennsylvania Constitution.

Though the trial court granted a motion to suppress the seized 
evidence, and the Pennsylvania Superior Court affirmed the ruling, 
the state Supreme Court ultimately reversed the decision.

The justices ruled students' measure of privacy was limited regarding 
school lockers, and concluded from case law that dogs sniffing 
lockers was not even considered a search under the Fourth Amendment, 
according to a case summary by legal expert Mark Strezelecki.

In other words, K-9 sweeps of school lockers are legally permissible. 
However, the decision to allow the practice is up to each individual 
school district.

Plymouth Township police Chief Carmen Pettine has said random, 
unannounced sweeps with trained dogs would deter students from 
bringing drugs to local schools, but the Colonial School Board's 
strict guidelines make carrying out routine sweeps nearly impossible.

"The school [district] shut the door on me," Pettine said.

Whitemarsh Township police Chief Eileen Whelan Behr and Conshohocken 
police Chief James Dougherty support Pettine on using the dogs in schools.

Montgomery County District Attorney Bruce L. Castor Jr., who said K-9 
units have been through his own children's schools, is also a 
supporter of the practice.

"I'm a parent of two children in public schools, and I've in favor of 
K-9 searches randomly or otherwise," Castor said. "It's routine."

Elected school boards have a right to make their own decisions on the 
matter, Castor said.

Plymouth Township police has used K-9 units since 1990. Since then, 
police dogs have done sweeps in Upper Merion, Pottstown, Spring-Ford, 
Boyertown, Olney Valley and Exeter school districts, according to Pettine.

Before letting the dogs in, however, Colonial's board was advised 
school officials should have "hard evidence of increased drug use in 
the school that was not based on pure speculation," according a March 
17, 2006, letter from Jeffrey Sultanik, the school board's attorney.

In his interpretation of the Cass decision, Sultanik would require 
"documented evidence" that drug dealing is taking place in schools - 
that is, actually observing students hand off narcotics in the hallway.

In addition, solid evidence should be put forth that drug use is "a 
widespread problem" before any sweep is allowed," according to Sultanik.

"A canine sweep is one of many ways [of addressing drug 
enforcement]," he said in an interview May 12. "But, there's a 
question of whether it is an effective deterrent."

Critics of K-9 searches argue that if student drug users or dealers 
come to expect routine sweeps, they would surely take their illicit 
trade off campus. Though dogs may discourage bringing dope to school, 
the problem of drug abuse would still exist.

Colonial School District's commitment to keep drugs and alcohol out 
of schools is reflected in its Zero Tolerance Policy, DARE program, 
security staff, surveillance cameras and "extensive" educational and 
counseling programs, according to Sultanik's letter.

On May 10, four Plymouth Whitemarsh High School students were 
arrested and charged with selling marijuana several times in March.

Though the students were originally charged with drug possession off 
school property, during last week's raid, a dog sniff-searching 
vehicles in the high school parking lot reportedly detected drugs in 
a car belonging to one of the teenage suspects. Later, police 
reportedly found a quarter-pound of marijuana in the vehicle.
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MAP posted-by: Beth Wehrman