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News (Media Awareness Project) - US MA: School Drug Raid Decried By ACLU
Title:US MA: School Drug Raid Decried By ACLU
Published On:2004-02-11
Source:Worcester Telegram & Gazette (MA)
Fetched On:2008-01-18 21:27:13
SCHOOL DRUG RAID DECRIED BY ACLU

FITCHBURG- In the aftermath of last week's drug sweep by police at
Leominster High School, the local American Civil Liberties Union chapter is
warning Fitchburg High School to avoid the tactic, calling it a violation
of students' constitutional rights.

"You have responsibility not just to protect the students, but to protect
their rights as well," Ronal Madnick, director of the Worcester County
Chapter of the ACLU of Massachusetts, said in a letter to Fitchburg High
School Principal Bernard Welch.

Dated yesterday, the letter said drug raids in schools that target all
students without probable cause are a violation of the students' Fourth
Amendment rights. The Fourth Amendment guarantees the people's security and
privacy against unreasonable search and seizure without probable cause.

Mr. Madnick said his office has been contacted by parents with concerns
about rumors - circulating among parents, students and teachers - that
Fitchburg High School has been targeted by police for a random search.

The rumors follow last week's police raid at Leominster High School, in
which police had drug-sniffing dogs inspect lockers while students were in
classrooms. No drugs were found.

Mr. Madnick said his office has concerns with the Leominster sweep, noting
Superintendent of Schools Marilyn H. Fratturelli called the tactic routine.

"I hope it's not routine," he said. He also cited published reports quoting
students saying they were scared, fearing a gun was in the school.

In the meantime, he said, the letter was sent to Fitchburg High School in
an effort to be proactive, noting the complaints from parents.

Mr. Madnick said such searches cause fear among students, lump all students
into one stereotype and intrude on their rights.

"We have no problems with individual suspicion," he said, "but the idea of
assigning everyone as a possible offender is offensive.

"It's offensive when you treat all students this way," he said.

Local officials said there is no planned raid at the high school - they
also said they couldn't comment if one was planned.

Superintendent of Schools Thomas J. Lamey said the school wouldn't conduct
any sweep without first consulting with lawyers.

Like the mayor, Mr. Lamey said there is a growing concern about drugs. For
now, he said, the School Department is reacting in its own way. There are
two school-resource police officers, one based at the high school and one
at Academy Middle School, he noted.

Also, he said, students have taken pride in their schools, and have alerted
officials of concerns about crime on their own.

"They don't want to see their school, neighborhood and community rife with
drugs," he said. "The students are our eyes and ears."

Mr. Lamey said the school wouldn't conduct a search unless officials felt
there was an immediate need.

Mr. Madnick acknowledged schools have a responsibility to protect students.
He cited a case in which the U.S. Supreme Court approved school searches.
In that case, originating in 1984, a girl was found smoking tobacco in a
restroom. She denied smoking, but a principal searched her pocketbook and
found cigarettes, marijuana, rolling papers, paper bags and a list of
people who owed her money. The court ruled that the school had a
responsibility to maintain a learning environment and had the right to
search the pocketbook.

However, Mr. Madnick said schools and police have abused the privilege.
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