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CANINE SWEEPS IN SCHOOLS. SOMERSET COUNTY ASSISTANT PROSECUTOR ROBERT (BOB) J. HAWKES 908-575-3325 HAWKES@CO.SOMERSET.NJ.US. SCHOOL SEARCH AND SEIZURE MANUAL. PAGE 87 TO 141 PAGE 132 TO 141 SUMMARY SUMMARY OF THE SUMMARY. SWEEP VS. PARTICULARIZED SEARCH. ADVANCE NOTICE.
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CANINE SWEEPS IN SCHOOLS SOMERSET COUNTY ASSISTANT PROSECUTOR ROBERT (BOB) J. HAWKES 908-575-3325 HAWKES@CO.SOMERSET.NJ.US
SCHOOL SEARCH AND SEIZURE MANUAL • PAGE 87 TO 141 • PAGE 132 TO 141 SUMMARY • SUMMARY OF THE SUMMARY
SWEEP VS. PARTICULARIZED SEARCH
ADVANCE NOTICE • Purpose = deter students • Written notice to parents and students • Of the possibility
PARENTAL INPUT • USE OF DOGS IS A POWERFUL STATEMENT • NEGATIVE • POSITIVE • NOT LEGALLY REQUIRED
PLANNING • MINIMIZE DISCRETION OF POLICE • MINIMIZE DEGREE OF INTRUSION • EFFICIENT AND SAFE • STRICTLY CONFIDENTIAL
PLANNING • ROOM AS A COMMAND CENTER • LIST OF LOCKER AND PARKING ASSIGNMENTS • ROSTER OF STUDENTS AND PARENTS • SRO OR JUVENILE OFFICER • WHAT AREAS ARE IN AND WHAT ARE OUT OF BOUNDS • STUDENTS RESTRICTED TO CLASSROOMS OR LOCATIONS NOT TO BE SWEPT
FINDINGS • FROM SCHOOL OFFICIALS • TO SHOW WHY NECESSARY • NATURE AND SCOPE OF THE PROBLEM • WHY WILL HELP ALLEVIATE PROBLEM
SUBTERFUGE • SWEEP MUST NOT BE USED AS A PRETEXT TO CONDUCT SEARCHES WHERE THERE ALREADY IS A PARTICULARIZED SUSPICION THAT CONTRABAND WILL BE THERE
COUNTY PROSECUTOR APPROVAL • REQUIRED • NO MATTER WHAT L.E.O. OWNS THE DOG • INCLUDES REVIEW OF THE OPERATIONAL PLAN • NO C.P. APPROVAL, NO SWEEP • TWO EXCEPTIONS • EMERGENT BASIS DUE TO CREDIBLE BOMB THREAT • ASSEMBLY DEMONSTRATION
APPROVAL/VETO BY SCHOOL OFFICIALS • APPROVAL LIKEWISE NECESSARY • BOARD OF ED., SUPERINTENDENT, AND/OR PRINCIPAL • BOARD OF ED. NEED NOT APPROVE DATE AND TIME, NOR SHOULD THEY BE ADVISED • CAN WITHDRAW AT ANY TIME • DOES NOT APPLY TO PARTICULARIZED SEARCH
NOTICE TO LOCAL POLICE • IF NOT INVOLVED ALREADY • NEED NOTICE • DEPARTMENT CAN RESPOND TO ANY DISTURBANCE THAT MAY RESULT
NO CONTACT BETWEEN DOGS AND STUDENTS • PART OF OPERATIONAL PLAN
SEARCH WARRANT APPLICATIONS • JUDGE ON STAND-BY • ASSISTANT PROSECUTOR ON SCENE • SCHOOL OFFICIALS • MASTER LIST OF LOCKER ASSIGNMENTS
MINIMIZING DISRUPTION • DURING SCHOOL DAY VS. AFTER HOURS • STUDENTS REMAIN IN CLASS • UNLESS NEED TO SWEEP THE CLASS • USE OF RUSE TO VACATE CLASS • FIRE DRILL • CALL OF SCHOOL OFFICIALS • BY LAW ENFORCEMENT – A NO-NO
ALERTING MEDIA • SHOULD NOT OBSERVE SEARCH WHERE IDENTITY OF STUDENT MAY BE REVEALED • MAKING A STATEMENT • INAPPROPRIATE FOR MEDIA, GENERAL PUBLIC OR MEMBERS OF SHOOL COMMUNITY • MY TWO CENTS: SOMEBODY WILL BE FILMING THIS WITH HIS/HER CELL PHONE
PUBLIC AWARENESS FOLLOW-UP • ONE OR TWO WEEKS AFTER • COUNTY PROSECUTOR AND THE SCHOOL SUPERINTENENT • AT SCHOOL • ENHANCE THE DETERRENT EFFECT • DISCUSS OTHER ISSUES INVOLVING DRUGS AND CHILDREN