Pubdate: Tue, 05 Feb 2008
Source: Intelligencer, The (Wheeling, WV)
Copyright: 2008 The Intelligencer & Wheeling News Register
Contact: http://www.theintelligencer.net/news/feedback.asp
Website: http://www.theintelligencer.net/
Details: http://www.mapinc.org/media/1633
Author: Bethany A. Romanek
Bookmark: http://www.mapinc.org/find?225 (Students - United States)
Bookmark: http://www.mapinc.org/find?237 (Drug Dogs)

SCHOOL BOARD DISCUSSES DRUG DOG SEARCHES

WHEELING - Drug dogs soon may be walking the halls of  Ohio County 
Schools - but not before the school  system looks into the matter extensively.

During a work session held by the Ohio County Board of  Education on 
Monday, Superintendent Lawrence Miller  announced the school system 
is in the  information-gathering stage of developing a policy 
that  would permit drug dogs to search schools.

"I thought today's meeting was an excellent opportunity  for 
colleagues, board members and the general public to  interact on this 
very important subject," Miller said.  "One of our roles as educators 
is to do everything we  possibly can to protect our children on a 
daily basis.  I will work through the policy, and then we will be 
ready to move and that will be with cooperation with  the justice 
system as well as local law enforcement."

Attending Monday's meeting to discuss the possibility  were Ohio 
County Sheriff's Department Chief Deputy Pat  Butler, Wheeling Police 
Chief Kevin Gessler and Ohio  County Prosecutor Scott Smith as well 
as Ohio County  Schools administrators.

Howard Seufer, an attorney from Bowles, Rice, McDavid,  Graff and 
Love in Charleston, spoke to the board about  the liabilities 
associated with conducting drug  searches in schools and advised 
members on how to write  a proper policy.

While there are no recorded court decisions in West  Virginia about 
using drug dogs in schools, Seufer noted  there have been cases in 
other states. He also said  it's important for the board to 
understand that a  person's constitutional rights should not be 
violated  during a drug search because it could result in  evidence 
being excluded in court.

"Most courts agree if a certified dog and a certified  handler come 
into a school, and the dog sniffs lockers  and vehicles and gives 
signals to the handler, that is  not really a search and it is 
perfectly lawful,A."  Seufer said. "The dog is sensing something 
without  intruding. He's not infringing on anyone's rights. What  you 
do with that information is what is important.A."

He added that in all the cases he researched - except  one - using a 
dog to search a person is  unconstitutional.

Seufer also advised the board that when writing a  policy, members 
should state when and where dogs will  sniff.

"Specifically say what the dogs will sniff and whether  it will 
happen during the school day or at  nighttime,A." Seufer said. "The 
policy should become a  part of the Student Code of Conduct.A."

In addition, Seufer said it is important for students  and parents to 
realize that lockers are school property  and, therefore, they do not 
offer any privacy. He  suggested students and parents sign a document 
showing  they understand that lockers and vehicles parked on  school 
property may be sniffed by drug dogs.

Because in a public school setting employees are  subject to the same 
standards as students, if drug dogs  are used, administrators, 
teachers and service  personnel will be treated in the same manner as 
students when it comes to drug searches.

Wheeling Park High School Principal Chris Carder told  the board that 
all parent, teacher and student groups  are in favor of having drug 
searches. She said  assistant principals at the high school also 
support  such a policy.

"It would merely be a tool to deter students and to  keep drugs out 
of Wheeling Park High School," she said.  "We need to do it in the 
right manner.A."

Board President Howard Corcoran said before the board  could make a 
decision members want to be completely  educated on the matter.

He added that he would like to invite Gessler, Butler  and Smith back 
to a meeting in March to further discuss  the issue. Both Gessler and 
Butler offered to return to  another board meeting with their drug 
dogs and  handlers, in order for the members to learn more about  searches.
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MAP posted-by: Jay Bergstrom