Portsmouth schools agree to review policy on drug sweeps

Will continue using drug-sniffing dogs for now

By Jim McGaw
Posted 5/10/17

PORTSMOUTH — The school district will continue to use police with drug-sniffing dogs in periodic sweeps at Portsmouth High School, but will review its policy regarding such searches.

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Portsmouth schools agree to review policy on drug sweeps

Will continue using drug-sniffing dogs for now

Posted

PORTSMOUTH — The school district will continue to use police with drug-sniffing dogs in periodic sweeps at Portsmouth High School, but will review its policy regarding such searches after concerns were raised by a parent at Tuesday night’s School Committee meeting.

In an e-mail to parents April 21, PHS Principal Joseph Amaral announced he had authorized police with canine units to carry out occasional sweeps at the school throughout the academic year. The first such sweep took place during a lockdown the following Friday, April 28, although no drugs were reported by school officials to be found.

Mr. Amaral told the committee that he ordered the drug sweeps because administrators suspected there may have been one or more students who were “distributing drugs in the bathroom,” and that they had an obligation to maintain a safe school environment for all.

“There’s nothing more intimidating than to walk into a bathroom and see two kids who potentially may have exchanged something,” the principal said. “That’s terrifying for 99 percent of the kids who make good choices every day.”

The warrantless sweeps came under fire from the Rhode Island chapter of the American Civil Liberties Union as well as local parent and blogger, John McDaid. 

Mr. McDaid told the School Committee he supported the school administrators’ and Portsmouth Prevention Coalition’s goal of reducing substance abuse among local youth. However, he said, “I disagree with the method.”

Cites school policy

The drug sweeps are not only in conflict with the Fourth Amendment protecting citizens from unreasonable search by agents of the state, but also with the school district’s own policy, Mr. McDaid said.

“While I stipulate that courts have generally held student locker searches to be constitutional, they have agreed that there are limits, and that local ordinances may be more restrictive,” Mr. McDaid said.

He pointed to the School Committee Policy 5510 entitled, “Warrantless searches of student lockers.” The policy delineates two different standards — one for staff searches and one for police, he said. It allows the principal or a designee to search a student’s locker if that person believes the circumstances warrant the action.

However, Mr. McDaid said, the policy lists additional constraints on searches involving police. The principal may consent to an inspection of student lockers by police officers who are looking for evidence of a crime under the following conditions:

• The principal or designee is completely satisfied that police are justified in their request and that sufficient facts exist to require the search.

• The principal or designee must conduct the search themselves and turn over any evidence to police. Police must accompany the school official during the search but cannot conduct the search of the locker themselves. In addition, the student assigned to a locker being search has the right to be present during the search.

“Note that the language … puts the school administrator squarely in the student’s corner, standing between them and the police, a position which PHS administration has clearly not adopted,” Mr. McDaid said.

While it could be argued that the use of drug-sniffing dogs is not a “search” under Policy 5510, Mr. McDaid pointed to a 2013 Supreme Court decision that found there are “at least some circumstances” in which the use of dogs could be considered a search under strict Fourth Amendment principles.

“The very act of bringing police into the building with dogs to investigate the possible presence of drugs is something a reasonable person would construe as a ‘search,’” he said.

District’s defense

Mary Ann Carroll, the school district’s attorney, disagreed with Mr. McDaid’s conclusion. “I do not believe we violated that policy because I don’t believe bringing dogs into the school is a search,” she said.

Allan Garcia, the district’s residency and truant officer, defended the legality of the sweeps. “School staffs and school teachers are not agents of the state, so they are not held to the same level,” Mr. Garcia said.

He added that the drug sweeps are only one part of a multifaceted approach in battling substance abuse. “Students have a right to attend and learn in a drug-free zone,” he said.

Ray Davis, coordinator of the Portsmouth Prevention Coalition, agreed. He praised Mr. Amaral for his “open-door policy” and his interest in helping students who have substance abuse issues. 

Mr. Davis also cited programs such as Patriots Committed and Life of an Athlete, a revised health curriculum and the fact that the district now has two resource officer as evidence the schools have ramped up efforts to change students’ habits regarding illegal or dangerous substances.

Although several School Committee members also defended the use of drug-sniffing dogs, Chairwoman Terri Cortvriend said the panel will forward the procedures on searches to the Policy Subcommittee for review.

“I am delighted by the outcome,” Mr. McDaid said after the meeting. “All I wanted was for the committee to review the policy and they agreed to do so. It’s a big win for the community.”

Portsmouth Prevention Coalition, Portsmouth High School, ACLU, John McDaid

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Meet our staff
Jim McGaw

A lifelong Portsmouth resident, Jim graduated from Portsmouth High School in 1982 and earned a journalism degree from the University of Rhode Island in 1986. He's worked two different stints at East Bay Newspapers, for a total of 18 years with the company so far. When not running all over town bringing you the news from Portsmouth, Jim listens to lots and lots and lots of music, watches obscure silent films from the '20s and usually has three books going at once. He also loves to cook crazy New Orleans dishes for his wife of 25 years, Michelle, and their two sons, Jake and Max.