CANINE SWEEPS IN SCHOOLS SOMERSET COUNTY ASSISTANT PROSECUTOR ROBERT (BOB) J. HAWKES 908-575-3325

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Presentation transcript:

CANINE SWEEPS IN SCHOOLS SOMERSET COUNTY ASSISTANT PROSECUTOR ROBERT (BOB) J. HAWKES

SCHOOL SEARCH AND SEIZURE MANUAL O PAGE 87 TO 141 O PAGE 132 TO 141 SUMMARY O SUMMARY OF THE SUMMARY

SWEEP VS. PARTICULARIZED SEARCH

ADVANCE NOTICE O Purpose = deter students O Written notice to parents and students O Of the possibility

PARENTAL INPUT O USE OF DOGS IS A POWERFUL STATEMENT O NEGATIVE O POSITIVE O NOT LEGALLY REQUIRED

PLANNING O MINIMIZE DISCRETION OF POLICE O MINIMIZE DEGREE OF INTRUSION O EFFICIENT AND SAFE O STRICTLY CONFIDENTIAL

PLANNING O ROOM AS A COMMAND CENTER O LIST OF LOCKER AND PARKING ASSIGNMENTS O ROSTER OF STUDENTS AND PARENTS O SRO OR JUVENILE OFFICER O WHAT AREAS ARE IN AND WHAT ARE OUT OF BOUNDS O STUDENTS RESTRICTED TO CLASSROOMS OR LOCATIONS NOT TO BE SWEPT

FINDINGS O FROM SCHOOL OFFICIALS O TO SHOW WHY NECESSARY O NATURE AND SCOPE OF THE PROBLEM O WHY WILL HELP ALLEVIATE PROBLEM

SUBTERFUGE O 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 O REQUIRED O NO MATTER WHAT L.E.O. OWNS THE DOG O INCLUDES REVIEW OF THE OPERATIONAL PLAN O NO C.P. APPROVAL, NO SWEEP O TWO EXCEPTIONS O EMERGENT BASIS DUE TO CREDIBLE BOMB THREAT O ASSEMBLY DEMONSTRATION

APPROVAL/VETO BY SCHOOL OFFICIALS O APPROVAL LIKEWISE NECESSARY O BOARD OF ED., SUPERINTENDENT, AND/OR PRINCIPAL O BOARD OF ED. NEED NOT APPROVE DATE AND TIME, NOR SHOULD THEY BE ADVISED O CAN WITHDRAW AT ANY TIME O DOES NOT APPLY TO PARTICULARIZED SEARCH

NOTICE TO LOCAL POLICE O IF NOT INVOLVED ALREADY O NEED NOTICE O DEPARTMENT CAN RESPOND TO ANY DISTURBANCE THAT MAY RESULT

NO CONTACT BETWEEN DOGS AND STUDENTS O PART OF OPERATIONAL PLAN

SEARCH WARRANT APPLICATIONS O JUDGE ON STAND-BY O ASSISTANT PROSECUTOR ON SCENE O SCHOOL OFFICIALS O MASTER LIST OF LOCKER ASSIGNMENTS

MINIMIZING DISRUPTION O DURING SCHOOL DAY VS. AFTER HOURS O STUDENTS REMAIN IN CLASS O UNLESS NEED TO SWEEP THE CLASS O USE OF RUSE TO VACATE CLASS O FIRE DRILL O CALL OF SCHOOL OFFICIALS O BY LAW ENFORCEMENT – A NO-NO

ALERTING MEDIA O SHOULD NOT OBSERVE SEARCH WHERE IDENTITY OF STUDENT MAY BE REVEALED O MAKING A STATEMENT O INAPPROPRIATE FOR MEDIA, GENERAL PUBLIC OR MEMBERS OF SHOOL COMMUNITY O MY TWO CENTS: SOMEBODY WILL BE FILMING THIS WITH HIS/HER CELL PHONE

PUBLIC AWARENESS FOLLOW-UP O ONE OR TWO WEEKS AFTER O COUNTY PROSECUTOR AND THE SCHOOL SUPERINTENENT O AT SCHOOL O ENHANCE THE DETERRENT EFFECT O DISCUSS OTHER ISSUES INVOLVING DRUGS AND CHILDREN