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Judge Finds Drug Dog’s School Parking Lot Search Was Illegal

Decision to dismiss a marijuana charge against student may lead to changes in way schools enforce drug-free policies

By Myers Reece

MISSOULA — A judge’s decision to dismiss a marijuana possession charge against a high school student who was cited after a drug dog searched the school parking lot may lead to changes in the way schools enforce their drug-free policies.

The Missoulian reports District Judge James Haynes of Hamilton dismissed the charge filed against a 16-year-old Florence-Carlton student, saying the December 2015 search was illegal because school officials did not have a reasonable suspicion to conduct the search.

Haynes said the search could have been considered legal if there was a significant problem with drugs at the school or if school officials had specific information indicating that student had drugs.

Missoula attorney Elizabeth Kaleva said she’s telling the schools districts that she represents not to use drug dogs at this time.