Law OK-ing private dog handlers irks officers

Myrtle Beach Online ^ | July 7, 2004 | AP

[Still Thinking]

Some N.C. police officers say they're concerned about a new state law that allows private dog handlers to conduct drug searches for businesses.

The law, which the General Assembly approved last year and takes effect in October, lets private dog handlers register with the state and establish a commercial detection service.

Supporters of the new law say the private services can help employers maintain a drug-free workplace, but critics say only sworn officers should be allowed to search for drugs because of legal issues.

"This is a bad idea," said Eldon Presnell, president of the U.S. Canine Association for North and South Carolina.

Presnell, a dog handler with the Greensboro Police Department, said his association wants the law repealed.

Presnell said officers are concerned because the law was designed for people other than law enforcement officers and could jeopardize the chain of custody by eliminating law officers from drug searches.

State officials have been developing requirements for private dog handlers.

Proposed rules require those who apply to be dog handlers to show they are competent in drug-detection training and handling, including basic obedience, dog safety and the legality of searches and identifying illegal drugs.

The handlers must be certified by a state-approved association, must be registered with the Drug Enforcement Administration and must have submitted five reference letters. Criminal background and fingerprint checks will be done.

Richard Rogers, a retired police officer and a police dog trainer who lives in Harnett County, said the law could infringe on people's rights.

Officers must have probable cause to conduct searches but the law would allow private companies and individuals to do what officers could not.

"We have got to adhere to the Fourth Amendment," said Sgt. Tim Loughman of the Cumberland County Sheriff's Office police dog unit.

"There are certain things that we as police officers must obey."

Loughman said some dog training associations will certify handlers only if they are police officers.

He said dog handlers must know how to command their dog, as well as understand the details of search and seizure to eliminate problems if a case goes to court.

Other officers have taken a neutral stance.

"I don't know whether it will be good or not," said Herman Dunn, an investigator and dog handler for the Bladen County Sheriff's Office. "I guess we would have to see after a trial how it would go."

Fayetteville Police Chief Tom McCarthy said other states have had similar laws for years.

"I have not read the law, but from a philosophical standpoint, if it's done correctly, I don't have a problem as long as all the background checks are done and there is a good auditing process," McCarthy said.