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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
slide3
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
ad