DRUG DOG PROPOSED FOR ASHEVILLE PARK

Mumpower Calls for Public Canine Patrol

In an effort to address what he calls an active downtown drug market,
a city councilman wants police to use a drug dog to patrol public places.

Carl Mumpower raised the issue at last week's City Council meeting,
but it was deferred to the council's Public Safety Committee for
discussion. It's far from going before the council for a vote, but
some question the constitutionality of such a practice.

"I want to do anything we can to address the active drug market in
our downtown," Mumpower said, adding that Pritchard Park is a
notorious spot for drug activity. "Downtown is a drug-free zone, but
we've got too many people that are dealing and/or using drugs in
public spaces downtown and I don't like it. I think it's harmful to
let that go on."

Instead of using a typical police dog, like a German shepherd or
Belgian Malinois, Mumpower suggests a more "user friendly" breed like
a beagle that would alert for drugs, but not be a menacing presence.
Mumpower said he wasn't aware of any other cities that have used drug
dogs to patrol parks, but has seen dogs in use at airports.

Besides Pritchard Park, which has a park warden, Mumpower said he
would also like to see a dog patrol Pack Square Park when it opens.
Drug arrest data at Pritchard Park was not immediately available.

"I think we need to be thinking ahead to that large, active space and
being proactive about it," Mumpower said. "That has the potential to
be an incubator for crime if we don't get serious about it quickly.
That should be a place of safety and fun, not misbehavior."

Asheville police spokeswoman Melissa Williams said she had not seen a
proposal on the matter and declined to comment on its feasibility.
The Police Department has five police dog teams, which do more than
narcotics detection. The dogs, among other duties, are also used to
search buildings, track suspects and protect officers.

"Our K9s are not used to search people," Williams wrote in an e-mail.
"When they are used to search for a person -- a lost child or adult,
possibly with a disease such as Alzheimer's -- they are not allowed
off leash or to make contact with the subject."

Bob Orr, executive director of the N.C. Institute for Constitutional
Law, said he doesn't think there would be any broad constitutional
issues with having a drug dog in the park, much like bomb-sniffing
dogs at airports. Search and seizure issues, however, might arise if
the dog alerts to drugs and should be handled on a case-by-case basis, he said.

Bruce Elmore, an Asheville lawyer and N.C. American Civil Liberties
Union board member, said he thinks there are constitutional issues
with drug dogs patrolling public parks.

"There has to be some reason for the encounter and in this case,
you're just encountering everyone in the park without any probable
cause," Elmore said. "The officer would have to approach everyone
there or you'd have to have some mathematical system where you
approach every fifth person or third person. You couldn't pick out
who you had your dog come near based on any characteristics of
apparent ethnicity or income or poverty."

Andrew Parker, who frequents Pritchard Park every Friday, said he
could understand police using a dog at large events, like the weekly
drum circle or during Bele Chere.

"But for everyday use, that's kind of outrageous," Parker said,
adding he doesn't think it would be wise to spend on a drug dog to
patrol the park.

Asheville newcomer Mike Wilcox said he wouldn't mind seeing a drug
dog patrol places like Pritchard Park. Wilcox was sitting at the park
Saturday evening with his dog, Sapheria.

"I think drugs ruin a community and anywhere you have drugs, you have
a high crime rate," Wilcox said. "Get rid of the drugs and the crime
rate will go away, too."