PROSECUTER SAYS DRUG DOGS SEARCH LEGAL

ACLU ATTORNEY ARGUES PLAN VIOLATES CONSTITUTIONAL RIGHTS

CALDWELL -- Canyon County Sheriff George Nourse and county attorneys say
it's legal to conduct random drug dog searches of vehicles in public and
business parking lots, but opponents argue that the plan violates
constitutional and privacy rights.

Stop illegal drugs, but do it legally, they say.

This proposal is appalling and illegal, said Boise attorney Tony Park,
American Civil Liberties Union of Idaho board president.

Nourse "has completely forgotten that he must have probable cause that a
crime has been committed before he can effect an arrest," Park said. "The
first judge to review the case will throw it out."

Having police dogs sniff around cars in business parking lots to search for
drugs has some people concerned: Are the parking lots private or public? Is
it legal?

Business parking lots are private property but open to the public, Canyon
County Prosecutor David Young said.

"A (police) dog sniffing around is not doing a search under current state
law," Young said. "The sheriff will not be entering cars without legal
justification."

There is legal justification for Nourse's proposal, Canyon County Chief
Deputy Prosecutor Ron Wilper said.

"The U.S. Supreme Court has held that when a trained drug-sniffing dog,
with proven reliability, hits on a vehicle, suitcase or other item; that
alone gives the officer a reasonable suspicion that a crime (possession of
illegal drugs) has been committed," Wilper said. The court has ruled, under
those circumstances, the officer may search the automobile, he said.

"After thoroughly researching the issue, the drug dog sniff passes
constitution muster," Wilper said. "If we didn't believe the plan was legal
we would have advised the sheriff not to do it."

Nourse wants people to take a more serious stance against drugs. Many
Canyon County residents have a "ho hum attitude towards drugs," he said.

Nobody is going to win the drug war until public attitude changes and
becomes more adamant against drugs, the sheriff said.

Nourse said he wants his 10 drug dogs and their handlers to visit parking
lots at random, checking vehicles for drugs. No arrests would be made at
the scene if a dog targets a vehicle as possibly having drugs. Officers
would follow the vehicle and make a stop somewhere away from the business,
he said.

Nourse said he would like to see every business owner in the county place
signs in their parking lots inviting his deputies to check for drugs at any
time and unannounced .

The proposal needs to be discussed, Nourse said. "I want public input. I am
interested in hearing what people have to say."

Most of the comments he has received to date have been in favor of the
plan, he said.

Nourse admitted using drug dogs was heavy-handed, but ethical. "It had a
chilling effect at schools when the drug dogs came on campus," he said.

Supporters of the plan are just as strong in favor as opponents are in
opposition.

"Go for it," Robert Thompson of Caldwell said.

"Drugs are ruining the world, and we need to combat it in every way
possible," Howard Martin of Nampa said.

The law-abiding people of the county "would not be at all worried about
their privacy rights if it meant that the source of most thievery and
violent crimes was being eliminated," Kenny Lee of Nampa said.

But opponents say the plan would rip up the U.S. Constitution.

Robert Call of Nampa said the plan reminds him of "jack boots and swastikas."

"It's way off base, and heavy handed," Bruce Tiegs of Nampa said.

"What's next?" Al Erickson of Nampa asked. "Will we just be walking down
the street and be chased down by dogs because we might be suspicious
looking or different? It's about time that people stand up and say what is
wrong about all of this."

Checked-by: Richard Lake