Pubdate: Sat, 03 May 2008 Source: Niagara Falls News (CN ON) Copyright: 2008 OSPREY Media Group Inc. Contact: http://falls.niagaracommunitynewspapers.com/ Details: http://www.mapinc.org/media/3520 Author: Alison Langley COPS FEEL MUZZLED BY COURT RULING Police Chaff at Limits Put on Drug-Sniffing Canine Unit Although Canada's highest court has put the muzzle on drug-sniffing dogs, Niagara police will continue to use the canines to take a bite out of crime. The Supreme Court of Canada last week ruled using the specially-trained canines to randomly search backpacks was a violation of privacy rights. While the three drug-detection dogs with the Niagara Regional Police canine unit will remain on duty, the court ruling means they can only be used to sniff out drugs if police have a reasonable suspicion of a crime being committed. Deputy chief Gary Beaulieu said the court ruling is troubling. "I understand the difficult position of the court to try and strike that balance between protection of privacy and law enforcement efforts," he said. "But from a personal perspective it's a concern especially considering the pervasive prevalence of illegal drug activity in this country." The Supreme Court looked into two cases, one involving a police dog sniffing marijuana and mushrooms in a backpack during a random search at a Sarnia high school. The justices, in a six to three decision, tossed out charges against the teen, saying the searches were unreasonable as they were done without a warrant or real suspicion drugs would actually be found. "It's a good thing that they can't come in the schools at random any more," said a 17-year-old Niagara Falls youth enjoying an afternoon coffee with friends at a Lundy's Lane coffee shop. "I have nothing to hide, but I wouldn't want someone snooping through my stuff just because one person may have a joint in his locker down the hall." The teen, who did not want to be identified or name his school, said the dogs have searched his school in the past, but he was unaware if any drugs were found. Since 1994, school officials in Niagara could contact the police canine unit if they suspected drug use in their respective schools. The dogs were called out 15 times last school year. When a canine unit arrives at a school, students and staff are instructed to stay in their classrooms. The dog and its handler walk down hallways or other areas identified by the principal. If the dog indicates an illegal substance is present, the school administration conducts the search, not the police. "We assist the principals and vice principals in maintaining a safe and secure environment in the schools," said Carl Scott, inspector of emergency services with police. Andre Ceci, assistant administrator with the District School Board of Niagara, said principals will continue to request the dogs if they have a "significant suspicion" narcotics are in a school. John Crocco, superintendent of education with the Niagara Catholic District School Board will do the same. "This ruling comes down to randomness versus reasonable suspicion. At the end of the day, sniffer dogs will be used in appropriate circumstances if the reasonable suspicion is based on fact," he said. A student's expectation of privacy in a school environment, Crocco added, is diminished in areas such as lockers, which are the property of school boards. "Those lockers can be searched at any time," Crocco said. Students caught with narcotics could face expulsion as well as criminal charges. Ceci said students are well aware of the consequences. "When you cross the border you know that although you might think of your trunk or glove compartment as personal spaces, they may be searched. "You know you're risking your good name by having things in there that don't belong there," he said. "The students understand that as well." The canine unit has eight dogs in total, including three drug sniffer dogs, an explosive detection dog and general service dogs. Police service dogs have many responsibilities. Their expertise includes tracking, searching and apprehension. The sniffer group consists of a Labrador retriever trained solely for drug detection and two German shepherds who are general patrol dogs cross-trained for narcotics detection. A dog's acute sense of smell is superior to that of a human, allowing police to locate evidence in a fast and efficient manner, said Sgt. Jeff Hopkins, head of the canine unit. Research has shown a dog's sense of smell is anywhere from 700 to 12 million times magnified to that of humans. The Supreme Court also dismissed charges against a man who was arrested after a drug dog sniffed out heroin and cocaine at a bus station in Calgary, Alberta. While the court ruling signals the end of random searches in public places, it did not address airports or border crossings, where dogs are routinely used. Past court rulings have established privacy rights are lower when weighed against the need for border security. - --- MAP posted-by: Richard Lake