SCHOOL DRUG RAIDS CATCH STUDENTS, FLAK

Parking Lot Sweep At Farmington High Raises Set Of Thorny Issues

Drug sweeps at schools are not uncommon, but those targeting parking
lots are raising parental and student concerns over legal, privacy and
trust issues.

This month in Farmington, nine officers from the State Police and the
local police department performed a parking lot sweep at Farmington
High.

Dogs were taken through the parking lot from 10 a.m. to noon. They
identified five cars in which they picked up the scent of marijuana, and
the drivers were called out of class to unlock the cars. Four students
were ticketed and sent back to class. One student was away on a field
trip and was ticketed later.

Now two students, arraigned Monday on a misdemeanor possession of
marijuana charge, face a maximum penalty of 93 days in jail and up to
$500 in fines if convicted.

One other student is to be arraigned Monday and another was referred to
juvenile services.

Les Grey, the parent of a 16-year-old junior at Farmington High, said of
the parking lot drug sweeps, "The school is walking a fine line when it
comes to violating constitutional rights.

"Those vehicles are the property of the parents, but the kids aren't
given a chance to contact their parents before they allow the search. I
can understand the administration's concern with providing a safe
environment, but it shouldn't be done at this expense."

But the U.S. Supreme Court says odors aren't protected under
right-to-privacy laws, and if a certified detection dog smells drugs
from outside a car, that establishes probable cause for a search.

John Tattershall, a 17-year-old senior at Farmington High School, drives
to school. "I don't agree with the sweeps because it sends a message
that the school doesn't trust the students," he said.

The Farmington school board approved using random drug searches a year
and a half ago. Permanent signs notify students that all vehicles
entering school parking lots are subject to searches when there is
reasonable suspicion that the vehicle contains dangerous or illegal
substances.

The district's Student Code of Conduct also offers details on the policy
for random drug searches.

"The message we're sending is that we're serious about wanting a
drug-free learning environment," said Farmington Police Director Gary
Goss.

But it doesn't keep kids from using.

"If the kids know that there will be checks, they won't bring the drugs
to school," said Brandon Barnett, a 16-year-old sophomore at Andover
High in Bloomfield Hills.

"It's really easy to get, especially in this area" Barnett said. "I've
never seen anyone get it directly from a dealer. Mostly kids get it from
other kids."

He explained that many teens today are under pressure to get good
grades, be athletic, and be well-liked among their peers. Drug use,
then, is a means of escape, a way to feel good and become part of the
crowd.

In Oakland, at least seven of the 28 school districts perform some form
of drug searches -- either of parking lots, lockers or both,
occasionally finding drugs and citing students. Clawson did a sweep this
month, Ferndale had one in February, Hazel Park did its last check in
late 1998 and Holly has been doing it for at least 10 years. The
Avondale School
District in Auburn Hills conducts once-a-year locker sweeps.

The Detroit Public Schools conducts sweeps for illegal contraband in
school buildings but not in parking lots.

A parking lot sweep April 16 at Mona Shores High School in Muskegon
County resulted in 14 students being suspended. Six students were
suspended for having marijuana and eight were suspended for having
alcohol or alcoholic containers, said Terry Babbitt, the district
superintendent. No arrests were made, but the Muskegon County
Prosecutor's Office is investigating.

Earlier this year, four students at Brandon High School in Ortonville
received 10-day suspensions after a parking lot sweep.

The Warren Consolidated School District in Macomb County does not
conduct random sweeps, but the seven-member board of education began
informal discussions last month on whether it should, said Bob Freehan,
the director of communications for the Warren Consolidated School
District.

Michael Steinberg, the legal director of the American Civil Liberties
Union of Michigan, said he's evaluating the legality of parking lot
sweeps and added, "We believe that drug-sniffing dogs shouldn't be
brought into the schools because a school is a place where students
should be taught how to live in a democratic society. This is
reminiscent of a totalitarian one."

And as administrators struggle to provide students with a drug-free
environment, some are exploring other options.

Steve Wasko, the spokesman for West Bloomfield schools, said sweeps have
never been conducted in the district. "We have a full-time police
presence in the schools, and they work closely with staff to respond to
any circumstances that may arise. We believe it's better to deal with
this on a case-by-case basis rather than having sweeps," Wasko said.

The district operates a 24-hour anonymous hot line and offers counseling
and drug prevention programs.

Ken Siver, spokesman for Southfield Schools, said, "We're not opposed to
sweeps, but I think having sweeps is a pretty harsh measure." The
district does not conduct sweeps.

"For students who are found in possession, we have counseling and
support groups. We don't have evidence that drugs are a huge problem,
but if it were to become one, I imagine we'd consider sweeps."

Sidebar:

If your property is a search target

* You have the right to refuse. If you do refuse, the police must obtain
a search warrant, and the car must remain in its location.

* If you consent, the search can only include the property where
probable cause was established.

* If contraband is found, police may issue a ticket or make an arrest.

* If a student refuses an initial search request by authorities, the
student should call a parent, guardian or lawyer.

Source: Oakland County Prosecutor's Office, American Civil Liberties
Union