Student Rights & Responsibilities
Search by Drug-Sniffing Dogs
A sniff of a closed container by a drug detection dog is not a search
because it is "minimally intrusive." United States v. Place,
462 U.S. 696 (1983). Therefore, when drug dogs are brought to a school to
"sniff" cars, lockers, bookbags, or purses, it is not a search for Fourth
Amendment purposes. Opening the container, whether it be a car, bookbag, or
purse, is a search and must be based at a minimum on probable cause, if the
dog belongs to law enforcement. Again, when law enforcement is involved in
searches on school grounds, even if law enforcement do not conduct the
actual search, the standards to justify the search may differ. It is likely
that a positive "hit" by the drug dog would constitute probable cause,
warranting the search of the container. |
