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CANINE SWEEPS IN SCHOOLS. SOMERSET COUNTY ASSISTANT PROSECUTOR ROBERT (BOB) J. HAWKES 908-575-3325 [email protected] SCHOOL SEARCH AND SEIZURE MANUAL. PAGE 87 TO 141 PAGE 132 TO 141 SUMMARY SUMMARY OF THE SUMMARY. SWEEP VS. PARTICULARIZED SEARCH. ADVANCE NOTICE.

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Canine sweeps in schools
CANINE SWEEPS IN SCHOOLS

SOMERSET COUNTY ASSISTANT PROSECUTOR ROBERT (BOB) J. HAWKES

908-575-3325

[email protected]


School search and seizure manual
SCHOOL SEARCH AND SEIZURE MANUAL

  • PAGE 87 TO 141

  • PAGE 132 TO 141 SUMMARY

  • SUMMARY OF THE SUMMARY


SWEEP

VS.

PARTICULARIZED SEARCH


Advance notice
ADVANCE NOTICE

  • Purpose = deter students

  • Written notice to parents and students

  • Of the possibility


Parental input
PARENTAL INPUT

  • USE OF DOGS IS A POWERFUL STATEMENT

    • NEGATIVE

    • POSITIVE

  • NOT LEGALLY REQUIRED


Planning
PLANNING

  • MINIMIZE DISCRETION OF POLICE

  • MINIMIZE DEGREE OF INTRUSION

  • EFFICIENT AND SAFE

  • STRICTLY CONFIDENTIAL


Planning1
PLANNING

  • ROOM AS A COMMAND CENTER

  • LIST OF LOCKER AND PARKING ASSIGNMENTS

  • ROSTER OF STUDENTS AND PARENTS

  • SRO OR JUVENILE OFFICER

  • WHAT AREAS ARE IN AND WHAT ARE OUT OF BOUNDS

  • STUDENTS RESTRICTED TO CLASSROOMS OR LOCATIONS NOT TO BE SWEPT


Findings
FINDINGS

  • FROM SCHOOL OFFICIALS

  • TO SHOW WHY NECESSARY

  • NATURE AND SCOPE OF THE PROBLEM

  • WHY WILL HELP ALLEVIATE PROBLEM


Subterfuge
SUBTERFUGE

  • SWEEP MUST NOT BE USED AS A PRETEXT TO CONDUCT SEARCHES WHERE THERE ALREADY IS A PARTICULARIZED SUSPICION THAT CONTRABAND WILL BE THERE


County prosecutor approval
COUNTY PROSECUTOR APPROVAL

  • REQUIRED

  • NO MATTER WHAT L.E.O. OWNS THE DOG

  • INCLUDES REVIEW OF THE OPERATIONAL PLAN

  • NO C.P. APPROVAL, NO SWEEP

  • TWO EXCEPTIONS

    • EMERGENT BASIS DUE TO CREDIBLE BOMB THREAT

    • ASSEMBLY DEMONSTRATION


Approval veto by school officials
APPROVAL/VETO BY SCHOOL OFFICIALS

  • APPROVAL LIKEWISE NECESSARY

    • BOARD OF ED., SUPERINTENDENT, AND/OR PRINCIPAL

    • BOARD OF ED. NEED NOT APPROVE DATE AND TIME, NOR SHOULD THEY BE ADVISED

  • CAN WITHDRAW AT ANY TIME

  • DOES NOT APPLY TO PARTICULARIZED SEARCH


Notice to local police
NOTICE TO LOCAL POLICE

  • IF NOT INVOLVED ALREADY

  • NEED NOTICE

  • DEPARTMENT CAN RESPOND TO ANY DISTURBANCE THAT MAY RESULT


No contact between dogs and students
NO CONTACT BETWEEN DOGS AND STUDENTS

  • PART OF OPERATIONAL PLAN


Search warrant applications
SEARCH WARRANT APPLICATIONS

  • JUDGE ON STAND-BY

  • ASSISTANT PROSECUTOR ON SCENE

  • SCHOOL OFFICIALS

    • MASTER LIST OF LOCKER ASSIGNMENTS


Minimizing disruption
MINIMIZING DISRUPTION

  • DURING SCHOOL DAY VS. AFTER HOURS

  • STUDENTS REMAIN IN CLASS

  • UNLESS NEED TO SWEEP THE CLASS

  • USE OF RUSE TO VACATE CLASS

    • FIRE DRILL

    • CALL OF SCHOOL OFFICIALS

    • BY LAW ENFORCEMENT – A NO-NO


Alerting media
ALERTING MEDIA

  • SHOULD NOT OBSERVE SEARCH WHERE IDENTITY OF STUDENT MAY BE REVEALED

  • MAKING A STATEMENT

  • INAPPROPRIATE FOR MEDIA, GENERAL PUBLIC OR MEMBERS OF SHOOL COMMUNITY

  • MY TWO CENTS: SOMEBODY WILL BE FILMING THIS WITH HIS/HER CELL PHONE


Public awareness follow up
PUBLIC AWARENESS FOLLOW-UP

  • ONE OR TWO WEEKS AFTER

  • COUNTY PROSECUTOR AND THE SCHOOL SUPERINTENENT

  • AT SCHOOL

  • ENHANCE THE DETERRENT EFFECT

  • DISCUSS OTHER ISSUES INVOLVING DRUGS AND CHILDREN


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