170 likes | 284 Vues
This document outlines the procedures and guidelines for canine sweeps in Somerset County schools, as articulated by Assistant Prosecutor Robert J. Hawkes. It emphasizes the importance of advance notice to parents and students, the necessity for county prosecutor approval, and the planning required to ensure minimal disruption during school hours. Key elements include the operational plan, coordination with school officials, ensuring students' safety and confidentiality, and the role of law enforcement. The goal is to maintain a safe educational environment while deterring contraband presence in schools.
E N D
CANINE SWEEPS IN SCHOOLS SOMERSET COUNTY ASSISTANT PROSECUTOR ROBERT (BOB) J. HAWKES 908-575-3325 HAWKES@CO.SOMERSET.NJ.US
SCHOOL SEARCH AND SEIZURE MANUAL • PAGE 87 TO 141 • PAGE 132 TO 141 SUMMARY • SUMMARY OF THE SUMMARY
SWEEP VS. PARTICULARIZED SEARCH
ADVANCE NOTICE • Purpose = deter students • Written notice to parents and students • Of the possibility
PARENTAL INPUT • USE OF DOGS IS A POWERFUL STATEMENT • NEGATIVE • POSITIVE • NOT LEGALLY REQUIRED
PLANNING • MINIMIZE DISCRETION OF POLICE • MINIMIZE DEGREE OF INTRUSION • EFFICIENT AND SAFE • STRICTLY CONFIDENTIAL
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 • FROM SCHOOL OFFICIALS • TO SHOW WHY NECESSARY • NATURE AND SCOPE OF THE PROBLEM • WHY WILL HELP ALLEVIATE PROBLEM
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 • 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 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 • IF NOT INVOLVED ALREADY • NEED NOTICE • DEPARTMENT CAN RESPOND TO ANY DISTURBANCE THAT MAY RESULT
NO CONTACT BETWEEN DOGS AND STUDENTS • PART OF OPERATIONAL PLAN
SEARCH WARRANT APPLICATIONS • JUDGE ON STAND-BY • ASSISTANT PROSECUTOR ON SCENE • SCHOOL OFFICIALS • MASTER LIST OF LOCKER ASSIGNMENTS
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 • 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 • ONE OR TWO WEEKS AFTER • COUNTY PROSECUTOR AND THE SCHOOL SUPERINTENENT • AT SCHOOL • ENHANCE THE DETERRENT EFFECT • DISCUSS OTHER ISSUES INVOLVING DRUGS AND CHILDREN