Pubdate: Sat, 20 Jun 2009
Source: Honolulu Star-Bulletin (HI)
Copyright: 2009 Honolulu Star-Bulletin
Contact: http://starbulletin.com/forms/letterform.html
Website: http://www.starbulletin.com/
Details: http://www.mapinc.org/media/196

GOOD VOTE ON SCHOOL LOCKER SEARCH

The state Board of Education is on solid ground in allowing public 
school officials to make sure that students' lockers are not used as 
caches for weapons, illicit drugs or other contraband. Its decision 
to use dogs to sniff for drugs could be helpful as long as they don't 
sniff students themselves in violation of their privacy rights.

The board approved the new rules in an 8-4 vote in favor of allowing 
random searches of lockers. The rule change stipulates that "students 
should assume that their lockers are subject to opening and 
inspection (and external dog sniffs) any time with or without cause."

The 9th U.S. Circuit Court of Appeals, which includes Hawaii in its 
jurisdiction, indicated in a 1999 ruling that it recognizes that "the 
sniffing of inanimate and unattended objects" is legal, differing 
from warrantless searches of students themselves.

The board-approved rule, which awaits a review by Attorney General 
Mark Bennett and Gov. Linda Lingle's signature, states that "students 
have a reasonable expectation of privacy in their persons" on school 
grounds. It bans random searches of students themselves and searches 
of them lacking "reasonable grounds to suspect" prohibited activity. 
Bennett has assured the board that random locker searches are allowed 
"at any time with or without reason or cause."

The rules go beyond those used in a four-month pilot program two 
years ago at three Maui public schools, where dog-sniffing was 
confined to public areas on school grounds, such as cafeterias and 
gymnasiums. They were not allowed to sniff students, their lockers or 
their cars, but did discover empty liquor bottles and traces of 
marijuana in public areas.

Criminologist Katherine Irwin told board members that drug-sniffing 
dogs are ineffective. If so, schools may determine that the effort is 
not worth the irritation caused by their presence.

More important is the part of the measure that clearly eliminates any 
expectation of privacy in student lockers. The language to be 
stricken from the schools' rules has given students "a legitimate 
expectation of privacy" that extends to "school property assigned for 
individual use," which has included lockers.

Board member Kim Coco Iwamoto voted against the change, concerned 
that it would violate the Constitution. However, constitutional 
rights are violated when a person's expectation of privacy has been 
infringed. If no privacy can be expected, no violation occurs.

The state Board of Education is on solid ground in allowing public 
school officials to make sure that students' lockers are not used as 
caches for weapons, illicit drugs or other contraband. Its decision 
to use dogs to sniff for drugs could be helpful as long as they don't 
sniff students themselves in violation of their privacy rights.

The board approved the new rules in an 8-4 vote in favor of allowing 
random searches of lockers. The rule change stipulates that "students 
should assume that their lockers are subject to opening and 
inspection (and external dog sniffs) any time with or without cause."

The 9th U.S. Circuit Court of Appeals, which includes Hawaii in its 
jurisdiction, indicated in a 1999 ruling that it recognizes that "the 
sniffing of inanimate and unattended objects" is legal, differing 
from warrantless searches of students themselves.

The board-approved rule, which awaits a review by Attorney General 
Mark Bennett and Gov. Linda Lingle's signature, states that "students 
have a reasonable expectation of privacy in their persons" on school 
grounds. It bans random searches of students themselves and searches 
of them lacking "reasonable grounds to suspect" prohibited activity. 
Bennett has assured the board that random locker searches are allowed 
"at any time with or without reason or cause."

The rules go beyond those used in a four-month pilot program two 
years ago at three Maui public schools, where dog-sniffing was 
confined to public areas on school grounds, such as cafeterias and 
gymnasiums. They were not allowed to sniff students, their lockers or 
their cars, but did discover empty liquor bottles and traces of 
marijuana in public areas.

Criminologist Katherine Irwin told board members that drug-sniffing 
dogs are ineffective. If so, schools may determine that the effort is 
not worth the irritation caused by their presence.

More important is the part of the measure that clearly eliminates any 
expectation of privacy in student lockers. The language to be 
stricken from the schools' rules has given students "a legitimate 
expectation of privacy" that extends to "school property assigned for 
individual use," which has included lockers.

Board member Kim Coco Iwamoto voted against the change, concerned 
that it would violate the Constitution. However, constitutional 
rights are violated when a person's expectation of privacy has been 
infringed. If no privacy can be expected, no violation occurs.
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MAP posted-by: Keith Brilhart