Drug Testing on Government School Premises.

[Peter]

This may be in the wrong section, so maybe an Admin will put it in the right one if it is.

Yesterday, as reported on a number of TV channels last night, there was coverage of a DepEd school in Metro Manila, where the PNP were carrying out a "surprise" (PNP's words) drug search. This included searching students' belongings on entering the school, searching personal lockers and randomly selecting, both teachers and students, for drug testing.

I asked my wife, if they mentioned that the PNP had obtained a legal warrant to enter and conduct personal testing. She said the reports didn't mention the legal basis of the operation.

My questions.
Does the PNP need a warrant to carry out this type of operation on government owned land/buildings?
And even more to the point, can they force someone (especially minor children without express parental permission) to take a medical procedure (i.e. drink/drug testing, but that could be anything, DNA testing perhaps?) just because they want to, if that person declines?

Scarey.

Peter

[bigrod]

I get searched by private security guards at banks, malls, etc.  So why would PNP be prohibited from searching on Government property.  You do not mention what level of school elementary, high school, Univ/College.  Since minors are considered under 18 years old the level of the school could be important.

Did the school administration ask for the operation because they have a problem?  Did the LGU ask for it? 

It is my understanding that operations do need warrants issued by the courts for operations 

 http://newsinfo.inquirer.net/605624/pnp-intensifies-campaign-vs-student-drug-users-couriers

Chuck

[JoeLP]

I'm not sure what the legality is behind it all.  All I do know is back in the early 90's my high school got searched at least twice yearly by drug sniffing dogs.  They'd just come in randomly and during class walk each floor and take the dogs pass each locker.  Always a few students busted. 
Our school did not allow more than 2 classes in books/supplies to be carried by a student at a time.  They gave extra time between the 2nd and 3rd hours(4 hours in the morning) and between the 6th and 7th hours(7 class/day setup).  So there was no need to take more than that even if your schedule put your classes all on the far side/far floor from your locker in consecutive hours.
Only one of the 3 high schools I attended did this on a regular basis.  While it was random on the day and hour they would come, they came every semester.  One other school did it after drugs were reported to school management. 
As far as I know, no warrants were needed or issued as far as I know of. 

[Peter]

I get searched by private security guards at banks, malls, etc.  So why would PNP be prohibited from searching on Government property.  You do not mention what level of school elementary, high school, Univ/College.  Since minors are considered under 18 years old the level of the school could be important.

Did the school administration ask for the operation because they have a problem?  Did the LGU ask for it? 

It is my understanding that operations do need warrants issued by the courts for operations 

 http://newsinfo.inquirer.net/605624/pnp-intensifies-campaign-vs-student-drug-users-couriers

Chuck

Chuck.

I'm sure that when you present your person and/or bag for a security check at the entrance to a mall, you are agreeing to be searched before gaining entry to a private establishment. You have the choice of agreeing to be searched and entering or refusing to be searched and refused entry.

Somewhat different to children, who are legally required to attend (although a lot don't as we all know) a DefEd establishment and are subsequently subjected to further invasive searches and drug/medical testing.

The reports showed children probably of grade and high school ages. Little ones to 16/17 year olds.

No one today I have spoken to seem to have any definite idea if the PNP require warrants for searching government owned buildings.

Remember the furore, in 2016 I think, when a Judge outside the particular area, issued a warrant for the search of a (ex?) mayor/drug lord's prison cell.

The PNP went in at early o'clock, disarmed the prison guards, shot the Mayor dead in his cell (well he was resisting with a loaded pistol - so they said) as well as walking past 4 other cells and killing another unarmed inmate. There was a Senate Inquiry which concluded in part, the Judge acted illegally in issuing the warrant, as the PNP didn't need one, the prison being government property and prisoners have had their legal right to refuse search removed. Other ramifications as well, but not relevant to this thread.

Peter

[bigrod]

The key point it seems is that we are discussing government property.  If you are on it bottom line is it is their rules.  If I enter a US courthouses or other government buildings many require going through metal detectors, pat-downs, etc.  I know for a fact entering US Military bases there are signs saying you can be searched and I think I also saw that at UK bases. 

A 12 year old in the Philippines can legally consent to have sex, their law.  So why would I have a problem with 16/17 year olds being searched or given drug test by legally qualified officers of the government.

I have learned in 8 years living here that what I think does not matter.  It is their country and laws and I cannot change that.  So I try now to not let stuff that does not concern me or mine bother me. JMHO

Chuck

[BudM]

As they say, you might not like some things but, you either suck it up and deal with it or if you can't well, there is an answer for that too.

[bigrod]

FYI:  https://www.philstar.com/headlines/2018/06/10/1823259/school-bag-locker-check-proposal-be-tackled

Chuck

[Sam218]

There has been a recent incident in Bicol where a teacher was killed by a grade 12 student who they say is under the influence of illegal drugs when the crime happened. So the effort of conducting surprise drug search and drug testing is somehow needed to help prevent occurrence of the same accident.

[suzukig1]

https://www.lawphil.net/statutes/repacts/ra2002/ra_9165_2002.html

REPUBLIC ACT NO. 9165       June 7, 2002

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES


ARTICLE III

Dangerous Drugs Test and Record Requirements

Section 36. Authorized Drug Testing

(c) Students of secondary and tertiary schools. – Students of secondary and tertiary schools shall, pursuant to the related rules and regulations as contained in the school's student handbook and with notice to the parents, undergo a random drug testing: Provided, That all drug testing expenses whether in public or private schools under this Section will be borne by the government;