Cops get kids suspended from Chaska High School by using drug-sniffing dogs in school parking lot.

[Eric J in MN]

http://www.startribune.com/local/west/35512519.html

Drug-sniffing dogs had never found contraband at Chaska High School until a random search recently turned up six student vehicles containing marijuana or other illegal substances. The sweep was the first time the student parking lot had been searched for drugs.

"The drivers of these vehicles were suspended, lost their parking permits and received citations from the Chaska Police Department," Assistant Principal Jim Swearingen said in a letter to school staff.

The Nov. 21 search was not done in response to any particular incidents, school officials said. Coordinated by high school administrators and the police department, it was performed by school officials and trained K-9 dog units with their handlers from Scott County, Minneapolis/St. Paul Airport Police and the Bloomington Police Department.

The police don't violate the privacy of car-owners in store parking lots with drug-sniffing dogs.

They shouldn't violate the privacy of kids, either.

The harm of interfering with the education of six kids who had marijuana in their car by suspending them outweighs any benefit.

[KitchenWitch]

1. Sounds to me like the Chaska PD is trying to justify their existence.

I am not saying there is no crime in Chaska, but being the upscale suburb that it is, it must get awfully boring for them just handing out speeding tickets and not doing any "real" arrests.

[dflprincess]

2. Whatever happened to probable cause?

Unless being a teenager with a car is enough - though I'm surprised they only found it in 6 cars.

[happyslug]

3. The Dog produced the probable cause

If the Dog is a certified Drug dog and it indicates Drugs, that is probable cause and a search can be done.

A to the School property, there is NO expectation of Privacy in such a lot and can be searched by a drug sniffing dog at any time, furthermore if the School gave permission, then the police HAVE permission to search and probable cause to search the lot is not even a question. Now if the School gave police permission to take drug sniffing dogs through the parking lot, the police would still need the dog to show indication of drugs to search individual cars in in that lot (but as I said above, all the Police need is for the Dog to show it smelled drugs).

[FiveGoodMen]

4. Seems to me that the dog's presence already constitutes a search

Maybe not under the law, but certainly in principle (as if that mattered!)

[happyslug]

5. All the police care about is the law, if your drugs odors get into the noise of the dog you are done

Remember under the law the probable cause means that the police had some good reason to search (Based on some fact NOT a guess). Furthermore if the Police officer spots something from the Public Street, or other area where he as a ordinary citizen can go to, and see something tangible that shows an illegal activity or item exists, then the Police had probable cause. Police can even enter private property, that was not subject to any concept of privacy under the common law, and if they see illegal items that is probable cause to enter your home (i.e. enter onto farm land and look to see if any drugs are around the barn. Now to search the Barn (and any other building or the "close" of the home) the police need probable cause, but NOT the farm fields itself. And if from the farm fields the police see evidence of drugs that is probable cause to search any building they saw the illegal activity in.

[FiveGoodMen]

6. My point was that the dog is doing the initial search

I don't doubt that police can get away with it.

I'm saying Americans should be outraged at this encroachment on the Fourth Amendment.

[mduffy31]

7. Well I know something like that happened here in Superior, WI

The school has the right to search the cars of the students if it is parked on school property. Schools are considered "drug free zones" so that is why this will stand I suppose. It is much like here in Duluth, the hospitals now are tobacco free zones. You cannot smoke in your private vehicle as long as it is on hospital property which includes the parking lots.

[MNGremlin]

8. Correct

Use of school property (like a parking lot) implies consent with existing school restrictions on drugs and weapons. Police don't need probable cause to conduct most searches on school property.

[FiveGoodMen]

9. How long before simply standing on American soil is considered implied consent?

[KitchenWitch]

10. It is a slippery slope, isn't it?