DRUG-DOG LAW OPPOSED

Some lawmen say a new law that allows private dog handlers to conduct
drug searches ought to be repealed.

The law was passed last year and takes effect in October. It allows
private dog handlers to register with the state to establish a
commercial detection service. The handlers can contract with local
businesses to search for drugs. They must call law enforcement if
drugs are found. People who support the law say private drug detection
can help employers maintain a drug-free workplace and provide
additional resources for law enforcement.

Critics say only lawmen should be able to use dogs for drug detection
and the law could eventually allow anyone with a drug dog to conduct
the searches. "This is a bad idea," said Eldon Presnell, president of
the United States Canine Association for North and South Carolina.
Presnell, a dog handler with the Greensboro Police Department, said
his association wants to have the law repealed.

"We see nothing but bad case law eventually coming out of this," he
said. Lawmen are concerned, Presnell said, because the law was
designed for people other than law enforcement officers. It could
jeopardize the chain of custody by eliminating law officers from drug
searches, he said.

State Requirements

The state has been developing
training and qualification requirements for the private dog handlers.
John Womble, a program coordinator for regulatory affairs in the
Division of Mental Health, said a draft of the regulations is
available for public review. State officials are working with lawmen
to develop the rules, which will take effect in October, Womble said.
"It's already law," he said. "It's already passed the General
Assembly. Now it's a matter of making sure that it's done correctly
and everyone that applies is on the same page."

The proposed rules require those who apply for registration as dog
handlers to submit paperwork showing that they are competent in
drug-detection training and handling, including basic obedience, dog
safety and the legality of searches and identifying illegal drugs.

The handlers must be certified by an association approved by the
state, must have registered with the Drug Enforcement Administration
and submit five reference letters. Criminal background and fingerprint
checks will be done. The applicant must also register to handle drugs
for training. Under the proposed rules, the certification would be
valid for three years. "This really opens Pandora's box," said Richard
Rogers, a police dog trainer who lives in Harnett County. He said
there should be a clear checks-and-balance system to ensure no
wrongdoing by the private handlers. Some lawmen say companies already
have ways to keep their businesses drug free without relying on
private detection. They say businesses can hire private security firms
who have sworn officers or conduct random drug tests. Rogers, a
retired police officer, said the law could infringe on people's
rights. Lawmen must have probable cause to do searches but the law
would allow private companies and individuals to do what officers
could not, they said. "We have got to adhere to the Fourth Amendment,"
said Sgt. Tim Loughman of the Cumberland County Sheriff's Office
police dog unit. "There are certain things that we as police officers
must obey."

Loughman said some dog training associations will only certify
handlers if they are sworn police officers. He said dog handlers must
know how to command their dog as well as understand the ins and out of
search and seizure. "They have to know what they can do with the dog
and what they can't do," Loughman said.

If the private dog handlers are not properly trained, lawmen said, it
could cause problems when the case goes to court.

Some Stay Neutral

Others have taken a neutral stance and say the law
could work either way. "I don't know whether it will be good or not,"
said Herman Dunn, an investigator and dog handler for the Bladen
County Sheriff's Office. "I don't know how it would work. I guess we
would have to see after a trial how it would go."

Fayetteville Police Chief Tom McCarthy said other states have had
similar laws for years. "The devil is in the details," he said. "I
have not read the law, but from a philosophical standpoint, if it's
done correctly, I don't have a problem as long as all the background
checks are done and there is a good auditing process."

Presnell and Rogers said lawmen were not properly notified when the
bill was introduced. They said most lawmen did not find out about the
law until it was passed.

Eddie Caldwell, the legislative counsel for the N.C. Sheriff's
Association, said most lawmen in the state know of the law and his
group worked with lawmakers to rewrite it when it was first proposed.
Caldwell said the original version of the bill caused some concerns
for the association but the group had no opposition to the law after
it was rewritten. "The issue is over as far as we're concerned,"
Caldwell said. Bomb detection Jerry Bradshaw, of TarHeel Canine
Training Inc. in Sanford, said private drug dog detection services are
common across the country and in Europe. Most of the growth in the
private dog handling field has been in the area of bomb detection,
Bradshaw said.

In Europe, the use of private dog handlers for detection purposes has
been popular for years, he said.

"We have to take advantage of all the resources that are brought to
bear," Bradshaw said.

His company has done drug searches at Lee County High School along
with a school resource officer.

Bradshaw said TarHeel Canine and most companies that conduct private
drug searches have zero-tolerance policies. The dog handlers must
contact police as soon as drugs are found no matter what.

TarHeel Canine has done some private drug detection in other states
but the company mainly concentrates on training, Bradshaw.

The company does not plan to change its focus and do more private
detection once the law goes into effect, he said.

"It's not really going to affect us that much," Bradshaw said. "We
don't really have a whole lot of time to do that."