How to Conduct K9-Assisted Narcotics Sweeps of K-12 Schools

Communicating with students and parents as well as understanding the laws and court decisions that apply to these kinds of searches can curb drug use on your campus.

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Taking the time to thoroughly explain the purpose and importance of canine sweeps is an imperative step in the planning process. Students, parents, community members and staff should have a clear understanding before the canines are ever on campus. This not only sets the tone for a drug free school, but it also reassures parents and students that drugs are not tolerated on school grounds.

Supreme Court Decisions Support Canine Drug Sweeps
Canine searches and sweeps are a long standing practice used by law enforcement agencies and school districts across the country. They are a tool that is utilized under the presumption that students have the right to attend a safe and drug free school.

While canine sweeps in schools are not a new phenomenon, uncertainty surrounding the legality of canine sweeps can seem complex as school officials and law enforcement officers partner to reduce narcotics on campus.

However, challenges against canine assisted narcotics sweeps in the U.S. Supreme Court and Circuit Courts have not prevailed, in turn, allowing the use of law enforcement certified narcotics canines to conduct random sweeps of school lockers and vehicles on schools grounds at the request of school administrators.

Related Article: 10 Steps to a Successful Drug Sweep

Roles, Authority of Police, School Administrators Differ
It is important to understand the role of both school administrators and law enforcement officers in order to understand why narcotic sweeps are legal and why collaboration is essential. While both entities work hand-in-hand to meet the same goal, their authority is quite different. School officials have a quasi-parental relationship with students and have a duty to ensure their safety while in school. School officials have more freedom to question and search students and only need to establish reasonable suspicion to search a student’s personal belongings.

It was held that school officials can inspect or even have a duty to inspect school lockers themselves or request an inspection by law enforcement officials (Zamora v. Pomeroy 639 F. 2d 662 1981 Tenth Circuit). A positive indication of narcotics in a locker thus creates a reasonable suspicion for school administrators. School administrators do not need a search warrant  to search a locker or a student so long as reasonable suspicion is present  (New Jersey v. T.L.O. [469 U.S. 325 1983]).

While case law has been established and supports the use of narcotics sweeps on school grounds, limitations to the scope of such sweeps have also been identified. Therefore, a person cannot be dire
ctly subjected to a sniff by a drug certified canine to determine the presence of narcotics. Vehicles and school lockers alike should be sniffed at random rather than targeting any particular individual or vehicle. It is important for school administrators to work directly with trained law enforcement canine handlers as they will have a clear understanding of the reasonableness of canine searches in their jurisdiction.

Know the Law Before Doing Narcotics Searches
Canine sweeps are a proactive and legally acceptable tool to use on school grounds. However, prior to performing a canine sweep, school administrators and school resource officers should research local jurisdictional laws, school district policies and communicate with local prosecutors for guidance.

No school is immune to the presence of narcotics. Canine assisted narcotics sweeps are a proactive approach to assist in reducing narcotics on school grounds. They require open communication, a detailed preplan and collaboration between school officials and law enforcement.

Jeff Dorfsman is an eight-year veteran with the Plymouth (Minn.) Police Department and can be contacted at jdorfsman@plymouthmn.gov. Chris Meisch is an assistant principal at Armstrong High School in Robbinsdale School District and can be contacted at Chris_Meisch@rdale.org.

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