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  Features 10/17/02

Drug-sniffing canine officer joins Logan police

By Amanda Gordon

LOGAN -- Logan City Police Department has a new addition this year. As of Sept. 18 a canine will be patrolling the streets. Officer Tino has two jobs, to locate drugs and serve as a patrol-service dog.

So far he has done well. On Sept. 25 Tino found marijuana in a car in the Smith's Food and Drug parking lot, which led to two arrests. The assistant vice president for Smith's public affairs said, "We are delighted that this gift to the community is already proving his worth. We know he will do much more to protect the community going forward."

But is this new found policing really a gift to our community? Does Tino act within our constitutional rights of privacy?

Canines are known for their keen sense of smell and can be a valuable resource in fighting the war against drugs. The main idea we need to keep in consideration is whether this new found "drug sniffer" can be used and channeled legally in crime prevention.

In U.S. v. Place in 1983, the Supreme Court ruled that a sniff does not amount to a search within the means of the Fourth Amendment. If the vehicle is parked in a public place, random sniffs of the exterior may be conducted and do not warrant a search. Once a canine has made a positive alert, probable cause is established and a search may be conducted without a warrant. The dog may then be used to inspect the inside of the car and police are allowed to search all parts of the vehicle.

Penny Byrne, Media Law Professor at Utah State University, said, "There are complex probable cause issues here, plus some private property issues."

The website for the Narcotic Canine Legal Update and Opinion takes the position that when a dog detects contraband it establishes probable cause and is within the legal means if the scope of the sniff is limited to the outside of the vehicle.

Officer Dustin Elleman said, "Tino has been great, we have already apprehended four individuals through his help."

Before the Logan City Police Department received Tino they had to borrow Brigham City's canine to conduct searches and apprehend individuals. Logan's Police Department has been trying to get a patrol dog for 10 years but the costs were too high. Thanks to a $5,000 donation from Smith's and Milk-Bone, Tino was made possible.

Milk-Bone has a police dog donation program that joins with grocery store chains across the nation to sponsor purchases of canine officers for local law enforcement agencies. Over the last four years Milk-Bone has sponsored 147 new K-9 officers across the country.

Tino cost $5,000 to purchase and $3,000 to train. Tino was trained in Indianapolis but was born and raised in Holland, so all of his commands are in Dutch. Elleman said he had to learn almost 50 words to be able to command Tino.

Tyler Sorenson, 13, of Millville, organized his Eagle Scout Project to help raise funds to help support Tino. He is organizing assemblies at local schools to educate students on why Logan needs a canine officer and has organized a button-selling fundraiser. All donations are given to help support the estimated $11,000 Tino will cost each year.

Captain James Geier hopes to raise enough money in the near future to buy Tino a bullet-proof vest. "He will be treated as one of our own," said Geier.




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