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Speak Up! - View Question #487 |
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Question: I live in a dorm room and the college's policy is that the police may search my dorm room since it is not technically mine, but I pay for it, do the police still require a search warrant according to the 4th amendment?
Answer: Parents may consent to their child's room being searched, since the home is really the parent's, not the child's. An apartment, on the other hand, is technically the tenant's during the period of the lease, and the landlord cannot consent to police searches on behalf of the tenant. Leases ordinarily provide that landlords can enter for a couple of limited purposes, such as to make repairs or show the place to future tenants, and the landlord must notify the tenant of the intent to enter for one of these purposes. Generally, there is a provision in the written lease covering this.
A university's lease of a dorm room is more like the apartment situation-that is unless the tenant signed a lease with a provision where the tenant expressly agrees that the university may consent to police searches. In that case, the tenant may be found to have given up their reasonable expectation of privacy in the leased dorm. Warrantless searches are generally found to be illegal when they violate one's reasonable expectation of privacy. If the prosecuting attorney were trying to have such a search upheld in court (rather than having the seized items excluded from a trial's evidence), the prosecutor would argue that there was no reasonable expectation of privacy. If the tenant actually signed a lease provision allowing the university to consent to dorm room searches, the State would have a strong case. If it's merely 'university policy' to allow the police to search dorm rooms, the State's case is much weaker, since the tenant is the leasehold owner with exclusive rights to occupy his/her home during the lease, and this carries a reasonable expectation of privacy.
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On 01/10/03
R from SC said:
Another thing that might be an issue is the law concerning schools and state property. Here in SC, the state law states that anyone entering school grounds can be searched without probable cause. This could be the same with your dorm room. Remember with high school, and book bag searches? Your dorm room may fall under the same category. The term used I believe is "Reasonable Cause" which is different from "Probable Cause".
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On 12/31/02
Andrew from IA said:
I am a residence hall director at a small private university and we occasionally do room searches. One important thing you might want to consider is that residence room contract you probably signed at the beginning of the year.
More than likely is says they may at any time enter your room to do maintenance, enforce school regulations etc., at any time. When you sign that paper you are agreeing to those terms. Another important reason to read those room contracts. Check those dates for cancellation penalites, deadlines etc.
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On 12/17/02
Kyle from NJ said:
Now everything in the first post to this question is correct, but are you the only person living in the dorm? My question involves Co-habitation where I live in a room of an Apt/condo and if the police where to come and ask my girlfrind to search the apartment and she gives them consent, does that give the police the right to enter my living space if the door is closed to my room inside the apartment? Because if so that would mean my girlfriend was able to give up my 4th amendment rights. Do I have a reasonable expectation to privacy in a case like this or once she gave consent to search t
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