Thanks Kevin,

After sitting down with the handler and discussing the ramifications, it is clear that nothing is clear. Too many what ifs etc. The school previously had a private company come in and they want to handle things like they did with that company. The search and seizure rules are clear for LEO but a little tweaking in how things are done can bring a proper arrest.

In the end, the school doesn't want any arrests made...and barely any discipline at all in my eyes. My thought is...why do you need a dog if you can search at will anyway? Its a real cluster f**K.

Howard

 Quote: Howard Knauf

In the end, the school doesn't want any arrests made...and barely any discipline at all in my eyes. My thought is...why do you need a dog if you can search at will anyway? Its a real cluster f**K.

Howard

Hope you don't mind if I chime in here, but what would be a school's motivation in wanting the police to do a search, but then not want to follow through with an arrest/disciplinary action? No deterrent factor there at all...

That makes no sense to me, and as a parent of an eventual teenager, not what I'd want from my son's school.

Think I just figured it out... $$$ (private school vs public)

They used a private company because the private company isn't sworn to uphold...... etc, etc. the benefit of a using a police department is.....it's free. They really don't want to have to tell mommy and daddy (who just happen to pay the tuition) that little Johnny or Suzy is doing dope.

We set the parameters when we were requested. We said, yes, we would absoultely do the search, HOWEVER, we would prosecute.

dFrost

Right. It's all about the Benjamins'.

Now, to split hairs even further....If the school admin searches, and takes possession of drugs, technically they can be charged with possession.

Also, I'm informed that this particular school has NO zero tolerance rules as opposed to public schools. Money talks and BS walks again.

It is my understanding that in Cali, the school and police take over, the private company, does not get involved, other than the alert. I would belive, it depends on the state and how the rules are set up, in each system. JMHO the info I have, is for public schools, dont know about private

I have run into this a few time and also requested guidance from Mr. Fleck.

There is detailed info on his website but in a nut shell this is what I know.

If the school requests the search you are acting as a tool only to indicate to the presence of narcotics. Once you have an indication your task is complete. The school conducts the warrantless search and rather than using probable cause they are operating under reasonable suspicion.

If contraband is found during the sweep the school has the deciding factor in how they want to handle it. If they decide to press charges you are basically tasked with the following taking custody of the contraband. here is the flow chart he sent me. It's also on his site so it's not anything confidential I'm posting.

Suggested flow chart of school searches of property:

School official requests K-9 sniff of property >

Law enforcement provides the K-9 locating tool and conducts K-9 sniff >

Positive alert from K-9 >

Establishes probable cause for the officer and reasonable suspicion for the school official >

School official conducts a warrantless search of both property and student, pursuant to New Jersey v T.L.O. >

The student suspect is dealt with administratively (suspension / expulsion) >

Law enforcement seizes the contraband for destruction >

If the school official requests criminal prosecution through law enforcement, law enforcement simply forwards the school official’s investigation to the prosecuting attorney’s office. The contraband is booked by law enforcement as evidence.


I'm happy that every school I have gone into has prosecuted.

Hope this helps

Jason