Law enforcement and school officials at all levels have been cracking down on drug crimes in schools. Police have even resorted to conducting searches by using drug-sniffing dogs and specially trained K-9 units. Because they seem rather invasive, you may have concerns about whether these activities are a violation of students’ legal rights. The answer is far from simple. You should discuss your situation with an Illinois criminal defense and school searches attorney, but some general information may be helpful.
Overview of Unlawful Search and Seizure
The Fourth Amendment to the US Constitution protects individuals from unlawful search and seizure by police; the Bill of Rights to the Illinois Constitution closely mirrors this provision. Law enforcement can only conduct a search if there is warrant supported by probable cause or a reasonable suspicion of the presence of criminal activity.
However, the protection against unlawful search and seizure only applies when police seek to investigate a location or space where the subject has a reasonable expectation of privacy. A home or business would be such an area; recently, the US Supreme Court also expanded the expectation of privacy to law enforcement searches of cell phone records. So, a warrant issued by a Judge would be needed to search all of these places.
K-9 Searches in Schools
State and federal laws on searches have different implications in the school environment. Courts have consistently held that students do not have the same reasonable expectation of privacy while at school. Public officials – including administrators, teachers, police, and dogs – are allowed to investigate when:
- The search is based upon the reasonable suspicion of criminal activity, which is typically the presence of drugs in the school setting; and,
- The search is reasonable in scope.
As further support for police dog searches at school, courts have also held that allowing them also serves a compelling public interest — maintaining a drug-free environment at educational institutions.
Application of the Exclusionary Rule
So, what happens when the police dog search is not reasonable? Regardless of whether or not there was a violation of your constitutional rights, you could be arrested if law enforcement or school officials did find contraband. The result is that all evidence obtained pursuant to an illegal search must be excluded from the evidence against you or your child.
The theory behind the exclusionary rule is that illegally-obtained evidence is “fruit of the poisonous tree,” so it is essentially tainted in a criminal case. If the prosecution can not use this evidence in court, there may be no way to prove that you are guilty beyond a reasonable doubt. The charges could be dismissed entirely, or you could get an acquittal at trial.
Contact a Skilled Defense Attorney About Unlawful Police Dog Searches
If you or your child was arrested because of a wrongful police dog search at school, please contact the criminal defense attorneys at Glasgow & Olsson. You can reach our Schaumburg, IL office by calling 847.577.8700 or visiting our website. We can schedule a consultation to review your case and determine whether there has been a violation of your civil rights. Our lawyers represent clients in Cook, DuPage, McHenry, Kane, and Lake Counties in connection with a wide variety of criminal charges, and we are happy to help.
(image courtesy of Yaroslava Eff)