Arrest, Search, Seizure, Warrant Dorm Searches

[lawboy01]

I will be moving into a dorm in Aug when i go back to school. I pay money to rent the dorm from the school. Is it still considered the schools property? Do they need my concent or a warrent to search my room? Can my roommate give concent to search my side of the room, seeing as there is no wall or door seperating our areas? Any other info anyone can think of would be greatly apprecited.

Thanks,

J

 

[CdwJava]

I will be moving into a dorm in Aug when i go back to school. I pay money to rent the dorm from the school. Is it still considered the schools property? Do they need my concent or a warrent to search my room? Can my roommate give concent to search my side of the room, seeing as there is no wall or door seperating our areas? Any other info anyone can think of would be greatly apprecited.

This depends ... are you signing a contract allowing them unfettered access? is this a government dorm, or private college dorm?

More importantly, why are you so concerned? Do you plan on stashing your dope or alcohol in there? If so, keep in mind that roomies CAN give access to the room and allow a search of any commonly accessible areas of the dorm. Your roommates may not want to be associated with any unlawful activity ... if you intend to be involved in any.

In general, consent, a warrant, or an exigency must be present to allow the police to search your room. It can be a little fuzzy when it comes to whether an RA or someone else can search the dorm room, and even more fuzzy if the campus is a private school.

The bottom line is, don't have anything in there you shouldn't, and you'll be fine.

- Carl

 

[lawboy01]

It is a private school but the dorm agreement says nothing regarding search and seizure. Im not implying i will plan on doin anything illegel. When the 4th ammendment was writen they werent trying to protect criminals but to protect the rights of the innocient.

 

[CdwJava]

It is a private school but the dorm agreement says nothing regarding search and seizure.

What does it say about inspections by staff? Or your privacy issues?

Im not implying i will plan on doin anything illegel. When the 4th ammendment was writen they werent trying to protect criminals but to protect the rights of the innocient.

I have yet to find anyone asking that question solely out of academic interest.

And the 4th protects against GOVERNMENT searches, not private entities. The university staff can come in and look around not be subject to civil rights violations for conducting a search ... they might be subject to some other civil or criminal action, but if they happen to find drugs or other contraband, who do you think will face the greater sanction?

Since your state has not been mentioned, all we can do is speculate on the status of the law in your un-named state. But if you really want an answer, try speaking to a police supervisor at the location, or, best yet, an attorney in the area.

- Carl