OFFICER DID NOTHING WRONG IN SCHOOL SEARCH: COURT

The Supreme Court of Newfoundland has said it would be unfair to
discipline an officer involved in a random drug search of a St.
John's school in 2002.

Royal Newfoundland Constabulary members have not set foot inside a
school on a random search since then.

The complaint was laid by a parent outraged that St. John Bosco was
the subject of a search by a police officer and his drug-sniffing dog.

"Subjecting Sgt. (Michael) Adams to disciplinary action because he
carried out a task requested by the school and sanctioned by his
superiors would be unfair and unjust," ruled Justice David Orsborn.

Adams was a defendant in the case brought by the parent, who first
brought his complaint to the Police Public Complaints Commission,
claiming the search was unlawful.

At the request of school authorities, Adams and police dog Storm
conducted a drug sniff search at the junior high.

The dog, on a leash held by Adams, walked up and down the aisles of
the classroom. One of the Grade 8 students' fathers felt the search
was unlawful and launched the action.

After an investigation, the Police Public Complaints Commission laid
disciplinary charges against Adams, alleging conduct unbecoming an
officer on the grounds of an unlawful search.

A disciplinary adjudicator dismissed the charge, finding the
complaining parent's child was not searched, Adams had a legitimate
belief in the lawfulness of the search and school authorities
consented to it. The child was not suspected of having drugs.

The adjudicator recommended police and the school board develop
policies and guidelines for school searches.

The parent appealed, landing the case in front of Orsborn, who
dismissed the appeal, but upheld the adjudicator's recommendations,
saying the Department of Justice should provide legal advice to the
RNC and school board to assess constitutional issues associated with
the searching of schools - including occupied classrooms - by RNC officers.

"If, in the opinion of the Department of Justice, such searches do
not offend the charter, a policy (should) be developed by the RNC and
included in the RNC policy and procedures manual setting out the
steps to be taken in conducting such searches," Orsborn said.

DEPARTMENT REVIEWING MATTER

Justice Is Looking into the Matter.

Since the case began, the larger Eastern School District has replaced
the old board.

District spokeswoman Mary Tucker said a directive had been released
in relation to the case, and the district is still working on a
policy related to the broader subject of police searches, keeping
schools safe and drug search and seizures. That policy would also
address canine searches.

Under the directive, police dogs must not come into contact with
students. Searches are permitted if there is reason to believe there
has been a breach in school regulations, but the dogs can't go in the
classrooms and are only permitted in the hallways and washrooms.
Teachers are to be notified beforehand and students are to remain in
classrooms while the search takes place.

Police Paying Heed

RNC Const. Paul Davis said the RNC will follow the law in this case
and a related one in Ontario and will amend policies.

"Since this matter was addressed as an infringement on people's
rights, we haven't entered a school to do a random search," Davis said.

The RNC has a new dog, Rocky, who just completed training in sniffing
bombs. The Bosco case will have implications for that dog and handler
Const. Russ Moores because Rocky may have to enter schools in the
case of bomb threats.

"Police service dogs are a valuable tool for many aspects of
policing. We need to continue to use them to our best ability and
within the law," Davis said.

In his ruling, Orsborn said Adams conducted himself in a proper
manner and would be compensated for costs as a result of the
investigation and hearing.

Adams was in St. John's Bosco in February 2002 as a result of years
of concern by high school administrators about illegal drug use by students.

Police help was sought in 1998 and a joint news release issued about
police dogs being used to educate students about drugs.

"Members of the RNC police dog service have met with school officials
and principals to address the concern in addition to visiting the
schools to speak with the students about the dangers associated with
drugs, RNC dog handlers and their partners. Storm and Jery will be
doing periodic searches of various high schools in the RNC Northeast
Avalon policing jurisdiction.

"In recent weeks, RNC police dogs have visited six schools and in two
incidents a small quantity of marijuana was found," the release stated.

Then board CEO Brian Shortall said parents and students alike should
be aware "that at any time schools may be searched by RNC dogs."

It was considered a proactive approach.

From '98-02, Adams was involved in about 60 school searches, 20 of
them in classrooms. Every time, the school did the inviting. There
were no complaints by parents until he arrived at St. John Bosco.

The school administrators at that time were concerned drugs were
being sold and passed around to younger students at the K-12 facility.

Adams, Storm, and an officer from the Canada Border Security Agency,
Robert Wellon and his Labrador retriever, responded to the concerns.

Storm was trained to sit if any drugs were detected. No student was
to be identified or removed from class, but any indication of drugs
was to be reported to the police drug section for followup. The dog
passed within one or two feet of each student.

No drugs were identified during that visit.

STUDENTS WERE SEARCHED

But Orsborn disagreed with the adjudicator that the students were
"not searched."

He said the necessary consent was not given.

"I seems to me to be almost self-evident that a dog sniff by a
trained dog, purposely conducted in close proximity to a person, with
the intent of seeing whether or not a smell of illegal drugs is
detected by the dog - and assuming that there is no other likely
source of the smell other than the person - is a search of that
person. In such circumstances, to draw a distinction between the
person and the air around the person is, in my view, to ignore
reality," Orsborn wrote.

"I consider more likely than not that (the student) had, while at
school, a reasonable expectation of privacy, at least to the extent
that she would not be subject to a sniff search of her person by a
police sniffer dog trained to search for drugs."

Adams will soon transfer out of canine handling after 15 years and
will become supervisor of the patrol division. Storm has retired and
been replaced by Lefty, who is soon to retire as well.