Sheriff's Office Reviews Classroom Search Policy

SEBRING - Were the Fourth Amendment rights of Hill-Gustat Middle School students violated during a Feb. 8 lockdown when 14 officers searched the school for drugs and weapons?

Highlands County Sheriff's Office deputies conducted the search with help from officers from Sebring and Avon Park police departments.

The Sheriff's Office Legal Counsel Mike Durham concluded after an internal review of the search operation that day that while no injuries or other damages were reported, asking students to empty their pockets and removing their shoes when there was no reasonable suspicion is "cause for unease."

Sheriff's Lt. Gus Garcia reviewed the sheriff's office's policies and procedures on school lockdowns and random classroom searches after a telephone complaint to the Highlands County School Board.

Jerry DeJonge, director of the Public Safety Academy at South Florida Community College, told the school board he felt students' Fourth Amendment rights were violated during the lockdown and random search at Hill-Gustat.

"The plan mainly consisted of using drug-sniffing K-9s going into empty classrooms to see if the dogs alerted to any particular bag or item left behind by the students while they waited outside in the hallway," Garcia wrote in his internal report.

The school had requested the search.

In his report, Garcia laid out how the search took place.

The school campus was divided into sections or buildings, and six search teams searched specific rooms in each section.

Each team was headed by a school faculty member who entered each classroom to let the students know what was going to happen.

"Students were instructed by a faculty member to remove their shoes and empty any contents from their pockets and leave the contents on their chairs, and leave all personal belongings in the room including book bags and purses," Garcia wrote.

A member of law enforcement was present as the instructions were read to the students, but the K-9 and its handler reportedly remained outside.

When students left the room, the dog was "let loose" within the room to sniff out any drugs. Had any drugs or weapons been found, the student would have been brought back into the classroom and arrested.

No narcotics were found and no arrests were made, Garcia wrote. No K-9 ever came in contact with or to sniff a student.

The operation started at 9 a.m. and was completed at 11 a.m.

"Upon review of the findings of fact concerning the above-referenced matter, there have been no injuries or other damages reported," Durham wrote. "However, the factual finding where the students were instructed to empty their pockets and remove their shoes with no showing of reasonable suspicion is cause for unease."

Durham reportedly met with Rodney Hollinger, deputy superintendent of schools, to specifically address the privacy interests involved.

"Mr. Hollinger understands the legal issues and has invited me back during the summer of 2008 to conduct a question and answer session with his administration to further develop their understanding of public school searches under their authority and the legal requirements to conduct such searches," Durham wrote in a May 7 memo.

Durham reported he contacted DeJonge.

"He clearly indicated that he did not have a specific issue with the search.

"He contacted the school board in an effort to determine whether there were any training protocols or other procedures that the school board operated under concerning searches."

In a memo dated April 24, to Sheriff Susan Benton, Maj. Mark Schrader concluded there was no misconduct or violation of Highlands County Sheriff's Office General Orders. He agreed the matter should be reviewed by the counsel.

Neither Schrader, Durham, or sheriff's Capt. Paul Blackman, who ordered the review, were not in town for comment Friday.