SCHOOL BOARD DISCUSSES DRUG DOG SEARCHES

WHEELING - Drug dogs soon may be walking the halls of Ohio County
Schools - but not before the school system looks into the matter extensively.

During a work session held by the Ohio County Board of Education on
Monday, Superintendent Lawrence Miller announced the school system
is in the information-gathering stage of developing a policy
that would permit drug dogs to search schools.

"I thought today's meeting was an excellent opportunity for
colleagues, board members and the general public to interact on this
very important subject," Miller said. "One of our roles as educators
is to do everything we possibly can to protect our children on a
daily basis. I will work through the policy, and then we will be
ready to move and that will be with cooperation with the justice
system as well as local law enforcement."

Attending Monday's meeting to discuss the possibility were Ohio
County Sheriff's Department Chief Deputy Pat Butler, Wheeling Police
Chief Kevin Gessler and Ohio County Prosecutor Scott Smith as well
as Ohio County Schools administrators.

Howard Seufer, an attorney from Bowles, Rice, McDavid, Graff and
Love in Charleston, spoke to the board about the liabilities
associated with conducting drug searches in schools and advised
members on how to write a proper policy.

While there are no recorded court decisions in West Virginia about
using drug dogs in schools, Seufer noted there have been cases in
other states. He also said it's important for the board to
understand that a person's constitutional rights should not be
violated during a drug search because it could result in evidence
being excluded in court.

"Most courts agree if a certified dog and a certified handler come
into a school, and the dog sniffs lockers and vehicles and gives
signals to the handler, that is not really a search and it is
perfectly lawful,A." Seufer said. "The dog is sensing something
without intruding. He's not infringing on anyone's rights. What you
do with that information is what is important.A."

He added that in all the cases he researched - except one - using a
dog to search a person is unconstitutional.

Seufer also advised the board that when writing a policy, members
should state when and where dogs will sniff.

"Specifically say what the dogs will sniff and whether it will
happen during the school day or at nighttime,A." Seufer said. "The
policy should become a part of the Student Code of Conduct.A."

In addition, Seufer said it is important for students and parents to
realize that lockers are school property and, therefore, they do not
offer any privacy. He suggested students and parents sign a document
showing they understand that lockers and vehicles parked on school
property may be sniffed by drug dogs.

Because in a public school setting employees are subject to the same
standards as students, if drug dogs are used, administrators,
teachers and service personnel will be treated in the same manner as
students when it comes to drug searches.

Wheeling Park High School Principal Chris Carder told the board that
all parent, teacher and student groups are in favor of having drug
searches. She said assistant principals at the high school also
support such a policy.

"It would merely be a tool to deter students and to keep drugs out
of Wheeling Park High School," she said. "We need to do it in the
right manner.A."

Board President Howard Corcoran said before the board could make a
decision members want to be completely educated on the matter.

He added that he would like to invite Gessler, Butler and Smith back
to a meeting in March to further discuss the issue. Both Gessler and
Butler offered to return to another board meeting with their drug
dogs and handlers, in order for the members to learn more about searches.