Police Bringing Drug Dogs into Bars to find 'undesirable behavior'

[donkey rhubarb]

Sniffing out drugs
Milford police bring Zed to bear in bars
http://www.cabinet.com/apps/pbcs.dll...002/-1/milford


By Daymond Steer

Published: Thursday, Mar. 22, 2007

MILFORD — Concerns about a new police program aimed at sniffing out illegal drugs at local bars apparently won’t bring it to a screeching halt because, Chief Fred Douglas says, the issue is one of public safety.

What has some people — including two local attorneys — up to their elbows in ire is recent visits from Zed, the Police Department’s drug-sniffing dog who has, so far, taken his nose into four Milford bars, all because, according to his handler, drug use has become a bit too prevalent in town.

According to officer Dean Hardwick, Zed’s handler, he’s made drug arrests outside outside local bars.

“They felt comfortable smoking pot right in downtown Milford, that’s what we’re trying to prevent,” said Hardwick.

So, the idea of using Zed came up at a recent staff meeting and officers thought it was a good idea.

“Our primary goal is to enhance public safety and the quality of life in this community by way of being proactive in the eradication of illegal drugs,” said Douglas.

The department has made no secret about the plan, sending written notices to bars where there have been numerous calls for police service or where police believe there is the potential for problems. With two weeks of sniffing under his collar, Zed has gone through Amigo’s, Malarkey’s, Kilkenny Pub, Pasta Loft, and Shenanigans but so far no drug busts have been made.

Other establishments, including the Mile Away, Giorgio’s, and Elisha’s, have not been put on notice.

Calling Zed a “great pacifier,” Hardwick said Zed would also “deter undesirable behavior” like fighting.

And, while Zed is a friendly enough dog, not everyone is happy to have him around.

“This isn’t Russia, there’s got to be a constitutional right broken somewhere,” said Ted Taylor, who was sipping a beer on a recent Thursday afternoon.

Violate constitutions?

Malarkey’s owner Scott Wheeler said there haven’t been any problems at his bar and he doesn’t understand why he’s being targeted. He objected to the dog in the restaurant for health reasons and also because the dog would intimidate people.

But Hardwick dismissed Wheeler’s health concerns.

And two local defense attorneys, Mark Sisti and Steve Maynard, believe the sweeps violate articles 15 and 19 of the state Constitution and Article 4 of the U.S. Constitutions — the provision against unreasonable search and seizure. Pub owners can refuse the search because people in restaurants should enjoy the expectation of privacy, they say.

• “Who would go to a restaurant where they could be subjected to a search while you are having dinner with your friends or family?” Sisti asked.

And Barbara Keshen, staff attorney for the New Hampshire Civil Liberties Union, said that a dog sniff would be considered a search under the state Constitution. She said police would have to suspect a particular person before allowing the dog to sniff him.

But Douglas and Hardwick don’t see it that way.

“There’s no expectation of privacy at a public place,” said Douglas.

Hardwick said the country would be “a mess” if law enforcement had to operate by the attorneys’ standards.

“Law enforcement would be in the dark,” he said.

Maynard said any evidence collected in the sweeps would likely be thrown out of court.

“I’m shocked restaurant owners aren’t up in arms,” said Maynard.

He suggested that owners who allow the sweeps notify their patrons that they could be subject to searches.

But according to Douglas, K-9 patrols are legal and don’t require consent. He said the dog is allowed to be anywhere his handler is allowed to go.

That means if the dog handler wants to do compliance checks on places serving liquor, the dog can come along. While the officer is checking for alcohol violations, the dog can sniff out drugs.

At that point, the handler may have “probable cause” to investigate the individual. An officer may arrest someone without a warrant if there is probable cause.

Sisti said Douglas’s explanation sounded like a “ruse.”

Hardwick said the K-9 walk-throughs would generally start after 9 p.m. when the bars are most likely to have problems with intoxicated people. Whether or not Zed and Hardwick do a thorough walk-through depends upon circumstances, he said.

• “If we have to deal with it we’ll deal with it,” said Lori Knoll, the manager at Shenanigans. “Having a dog walk into the bar is not conducive to people being comfortable.”

But “Jimmy D” one of her customers, is glad to see the police. He said a recent sweep proved that Shenanigans is a safe place to go.

Zed has fans

He’s not the only Zed fan. Amigo’s bartender Jamie Pickell said the police make her feel safer, especially around closing time. Zed stopped by two Saturdays ago.

“It’s not going to be an issue for our customers; everybody wants a safe community,” said Pickell.

A posting on the Kilkenny Pub’s door informs patrons that the dogs could come through.

Patron Joe Heaps, of Milford, said he didn’t mind a recent visit from Zed.

“Seems like a good dog,” he said. “It was very well behaved.”

But Knoll worries she would have liability if the dog smelled drugs on one of her customers.

But police Capt. Chris Nervik and Douglas told The Cabinet that establishments would not be liable if contraband were found on customers.

If Zed smells cocaine, marijuana, methamphetamine or heroin, he will paw at the source or he will sit and bark, Hardwick explained.

People’s prescription drugs would not trigger a response unless it contained any of those substances, said Hardwick.

And bar patrons, even those with drugs need not worry about being mauled. Zed uses his body language or barks when he detects drugs.

“He does not attack anybody. That’s not the way the dog is conditioned to work,” said Douglas.

That doesn’t mean the 90-pound German sheperd can’t get tough when pushed.

“He can hold his own,” said Douglas.

Zed barked at several bar patrons on St. Patrick’s Day night, but Hardwick said that’s Zed’s way of telling people that he’s coming and telling Hardwick that he sees people. The dog won’t attack anyone unless he’s commanded to or is threatened, Hardwick explained.

Douglas is also coordinating with the school district superintendent on how to handle similar sweeps.

Zed has been with the department for four years and generally works a 40-hour schedule. However, Zed is called into duty whenever the need arises, said Hardwick, with whom Zed lives.

In 2006, Zed was deployed 117 times and helped make 19 arrests. In one recent case, he helped officers find marijuana in a teenager’s car after a traffic stop.

A purebred, Zed was donated to the Milford Police by a woman in Lyndeborough. He went to drug detection school during 2003 and early 2004, said Douglas.

Like other police canines, Zed trains three times per month with the State Police.

Zed is also a rescue dog. He has received commendations for finding a suicidal woman in Brookline while responding to a mutual aid call. She was face down on the ground in a wooded area.

Nervick said the dog is becoming popular and is even welcomed at some bars. At first Zed made people nervous, but now people seem fine with him and the handler. In fact, people stop to shake the dog handler’s hand.

“It’s gone from, ‘What are you doing?’ to ‘Hey, how are you doing?’” Nervik said.

The dog sweeps will correspond with other forms of community policing, said Douglas. For example, as officers patrol they will knock on residents’ doors and ask the people how things are going in their neighborhoods.

[Evil GIR]

There is a place near us where they occasinaly have sniffer dogs at the door, before you can even get in. I mean WTF, this isnt WW2 Germany.

[Police Officer]

Originally Posted by dib

There is a place near us where they occasinaly have sniffer dogs at the door, before you can even get in. I mean WTF, this isnt WW2 Germany.

I find it reasonable to think that if several drug related arrests are made outside of 321 Smith St., then there is a likely chance that there might be drugs inside of 321 Smith St.

Bars, like shopping malls and restaurants are private establishments that say the general public is welcome. Believe it or not the Police are part of that group of people who have an implied invitation to enter.