NCJ Number
77881
Journal
Indiana Law Journal Volume: 56 Issue: 2 Dated: (1980-1981) Pages: 321-346
Date Published
1981
Length
26 pages
Annotation
This note proposes that use of trained dogs to detect marijuana among public high school students constitutes a search, and that students are therefore entitled to fourth amendment protection.
Abstract
The cases of Doe v. Renfrow (1979) and Jones v. Latexo Independent School District (1980) are the only cases that have dealt with the use of trained dogs in a high school. The Doe case held that the use of dogs in a public school was constitutional, but the Jones case determined the indiscriminate use of marijuana-sniffing dogs was unconstitutional. In determining whether to apply the reasonable suspicion or the probable cause standard in testing the validity of dog searches in public schools, courts must recognize that other cases involving schools or dogs are not adequate to protect the fourth amendment rights of students. Unlike other school searches, the dog search involves extensive police participation. The dog search is also more intrusive than other types of searches in causing more damage to the student's reputation. The accuracy of the dogs in detecting the presence of marijuana, although very high in criminal cases, is likely to be low in the school environment where the scent of marijuana is widespread. The article suggests that drug-detecting dogs should be prohibited from the school grounds except within the strict limitations of the fourth amendment's probable cause requirement. The article includes 155 footnotes. (Author abstract modified)