Source: Standard-Times (MA) Contact: http://www.s-t.com/ Pubdate: Wednesday, 30 September, 1998 Author: Scott Smith SCHOOL OFFICIALS ON THIN ICE IN USING DRUG-SNIFFING DOGS SOMERSET The latest debate surrounding the use of police dogs in Swansea public schools is controversial because many believe that canine searches infringe on the "safeguards to the privacy and security of individuals against arbitrary invasions by government officers" (from the Fourth Amendment to the U.S. Constitution). The Fourth Amendment protects citizens from unreasonable searches by state agents by requiring them to obtain a judicially issued search warrant that is based on "probable cause" before conducting a search. The "probable cause" standard requires that state agents have reasonable grounds of suspicion, supported by sufficient evidence that incriminating evidence will be found from issuing a warrant to search. This is the procedure police must follow. School teachers, who are considered "agents of the state," have been allowed greater latitude because of the nature of their responsibilities in maintaining discipline. The courts have concluded that enforcing the requirements of probable cause and obtaining a search warrant would unduly interfere with the maintenance of swift and informal disciplinary procedures needed in schools. There is some dispute whether the easing of search requirements is legal when a police officer is present, which is the situation in schools when canine drug searches are conducted. The courts' easing of the Fourth Amendment requirements has held that the legality of school searches should be predicated "simply on the reasonableness, under all circumstances, of the search." The court defined two tests for determining "reasonableness." The first consideration is: Is the search justified by believing that reasonable grounds for suspecting that the search will turn up evidence that a student has violated the law or school rules? The second consideration is: Is the scope of the search reasonable, meaning, are the measures adopted reasonably related to the objectives of the search and not excessively intrusive in the light of the age and sex of the student and the nature of the infraction? Both of these questions have been decided in lower courts in different ways when the use of drug-detecting dogs have been employed and challenged. A Texas federal district court has concluded that the use of dogs in a blanket sniffing of students did constitute a search and noted that drug-detecting dogs posed a greater intrusion upon personal privacy than electronic surveillance devices that have been found to constitute searches. Similarly, the Fifth Circuit Court of Appeals ruled that sniffing of students by dogs significantly intrudes on a person's privacy, thereby constituting a search. It should be noted that the courts have found that searches of public property (schools and lockers) by drug sniffing dogs does not violate Fourth Amendment rights but that personal subjection to search by drug sniffing dogs in schools does. Whenever school administrators or law enforcement officials are questioned about these canine searches, their answer is they are only searching the building, lockers and classrooms. In the past, before bringing the dogs in to search classrooms in the Somerset High School, students asked to leave the room filed past these drug attack dogs. I know this because a canine search of my son's classroom was "randomly" conducted. This concerned and prompted me to investigate these activities. The procedure for searching classrooms at Somerset High School and other public schools, in my opinion, violates the Fourth Amendment right to privacy. The problem is that canine police dogs "alert" upon the slightest smell of whatever it is they have been trained to detect. It does not matter whether they smell contraband in a locker or on a student; the animal will "alert" and by having students file past the dogs, a personal search has occurred. I also believe the random scheduling and enforcement of these operations by government agents in the form of police officers, dogs and teachers, without provocation, violates the first component of the "reasonableness'' test previously mentioned. Having students file past drug-sniffing dogs before the classroom is searched violates the second. With potential transgression of the Fourth Amendment, area schools and police departments leave themselves open for damaging, drawn-out and expensive lawsuits. Finally, it is my feeling that random public searches, without cause, desensitize and acclimate our children toward accepting government intrusion as normal and expected. Somerset High School along with the Bristol County sheriff and Somerset police have been conducting canine and police searches regularly for the past four years and have never found illegal drugs or anything else. I become concerned when I think of the psychological effect these random, intrusive, police operations must be having on our kids' concept of freedom in America and what the real objective of this government activity is. Scott Smith is a Somerset resident. - --- Checked-by: Mike Gogulski