Drug Dogs at the New Mexico State Fair?

FOR IMMEDIATE RELEASE
Friday, September 5, 1997

ALBUQUERQUE American Civil Liberties Union activists are keeping a
watchful eye on the use of drug dogs at the New Mexico State Fair.

ACLU of New Mexico Executive Director Jennie Lusk spoke with fair manager
John Garcia to express the ACLU's concerns about the use of drug dogs, and to
get specific information about the fair's plans to use them to search
fairgoers.

Reports have circulated that the dogs would be used at state fair gates or be
allowed to roam fairgrounds searching and sniffing for drugs.

"The State Fair manager has guaranteed me that reports of the use of drug
sniffing dogs are exaggerated, and that all use of the drug dogs will be
individualized," Lusk said.

"We at ACLU are concerned that people understand their rights especially
the right to remain free of generalized searches without being under
investigation for a crime," Lusk said. "We believe it is important that the
public know that random drug dog sniffs and searches are not permitted at the
state fair. We hope people will call us and report if drug sniffs by dogs are
general, random, or widespread.

"Both the U.S. Constitution and the Constitution of New Mexico protect us
from policestate searches in our public arenas," Lusk added.

The fair manager assured the ACLU, Lusk said, that only one or two dogs would
be available, and those only available during a few days of the fair. Only
people already being arrested may be sniffed by drug sniffing dogs, the fair
manager said, and that the dogs would not be sniffing at state fair gates or
wandering on the grounds.

The dogs, two black Labradors, are trained to be on passive not active
alert, the manager said.

"We're counting on Mr. Garcia's promise that of the thousands of people who
regularly attend the state fair, only a 'handful,' if any at all, will be
searched and sniffed by by drug dogs," Lusk said. "We're also prepared if
necessary to follow up if the dogs are used randomly, used to search people
not reasonably suspected of a crime, or if they attack."

Eric E. Sterling (esterling@igc.org)
President, The Criminal Justice Policy Foundation
1899 L Street, NW, Suite 500
Washington, DC 200363804
Tel. 2028359075 Fax 2028338561