EPTSaying no to a dorm search by the cops, ok or no? - Page 2
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Son of Gnome
United States777 Posts
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dAPhREAk
Nauru12397 Posts
i think what you are actually asking is "can they search my dorm without my consent?" the answer is no unless there is something in the agreement between you and the dorm that allows it (i.e., you gave consent at the time you agreed to move into the dorm). there may be some law negating that consent, but i am not going to look for it at this point. ;-) | ||
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CoolSea
United States236 Posts
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adacan
United States117 Posts
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DuckS
United States845 Posts
On November 20 2011 06:58 adacan wrote: I hate the nothing to hide argument, it should be the burden of proof on cops to prove they need to search you. Whatever happened to the right to privacy? We have that right. But public universities are funded by the govt, and the dorm isn't really your home, only you renting it out. | ||
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LaSt)ChAnCe
United States2179 Posts
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Omnipresent
United States871 Posts
On November 20 2011 06:53 Disarm22 wrote: thats a tough one because technically you do not own the dorm and it is not your property so the warrant issue might not take effect. school contract might say you cannot deny a search. I would check with your school. Try talking to a trusted teacher or councilor. This doens't matter. You don't technically own an apartment (well most people don't), but you have the right to deny a search without a warrant. The rest is true. You shouldn't need to go far to find out where you stand. The university almost certainly gave you a copy of your housing contract when you signed it, and I'd bet cash-money there's a copy of it on the school's website. On November 20 2011 06:53 cgrinker wrote: When we would enter spaces at my college there are two components: 1) Residence halls are exempt from giving notice about entering dorms. Essentially the law reads that the hall staff can come in whenever they want, and the hall will reserve those rights to protect your privacy. 2)Campus Police cannot enter your space without a warrent, though often if you say "not without a warrent" they will either a) Have the hall staff do it, and then charge you through the campus conduct office or b) Call a judge, have the RA's deputized over the phone, and then come into your space. Know your Rights! I know for a fact that this was not the case at my university. Hall staff, RAs, or apartment managers were often present for a search, but usually only because they called the police to begin with. The police themselves had the right to enter at will, as dictated by my housing contract. It will vary on a case-by-case basis. Check the contract. | ||
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dAPhREAk
Nauru12397 Posts
On November 20 2011 06:58 adacan wrote: I hate the nothing to hide argument, it should be the burden of proof on cops to prove they need to search you. Whatever happened to the right to privacy? unless you consent before the search (e.g., in the dorm contract or when the cops act) or some other exception applies (e.g., your roommate consents, it is a public place, etc.), the police do have the burden (i.e., probable cause) before they can search you. your right to privacy has to be balanced by the necessity of conducting police searches. | ||
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aimaimaim
Philippines2167 Posts
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Scv4life
United States8 Posts
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Sinensis
United States2513 Posts
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Sermokala
United States13925 Posts
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Kuja
United States1759 Posts
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mmp
United States2130 Posts
You should always ask why they want to come in and if you can be helpful in any way that doesn't involve a violation of your privacy, because they are usually not investigating for your benefit (they're probably looking for drugs) and anything that looks wrong or out of place will be used against you. Your rights depend on the school, although most public schools should have respectful student bill of rights. At a private institution you're viewed more of as a renter and it's the landlord's right to inspect the apartment (although actual leases will discuss what & when are appropriate for those inspections). Most schools have a school-uniformed police force that either works in conjunction with local police, or potentially has exclusive jurisdiction if it's private property. If local police come onto campus and try to inspect dorms, it is highly likely that they are doing so without the permission of your campus police. | ||
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mlspmatt
Canada404 Posts
On November 20 2011 06:42 SinisterR wrote: Isn't a University a public place (by law)? Think there may be different conditions then. Other than that I don't see any reason to reject if you're not doing anything else or if you've got nothing to hide. EDIT: What the guy above me said. The university is a public place but a dorm room is not. If police don't have a damn good reason to enter your home then do not let them in. Don't be naive like the fool who wrote: "Other than that I don't see any reason to reject if you're not doing anything else or if you've got nothing to hide." If a friend of yours stashed drugs in your dorm room, then your in as much shit as him and the burden of proof is on you to prove you didn't know anything about it. NOTHING good can come from letting police in your home unless they have a damn good reason. DO NOT LET THEM IN. | ||
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kef
283 Posts
To be honest I had all sorts of "contraband" in my room but my defense (the best defense I'd say) was that my roommate and I were friends with all the RA's so they never looked that hard in our room. | ||
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cmen15
United States1519 Posts
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DeepElemBlues
United States5079 Posts
If there is a university official there, it's their property, they can search it whenever they want almost. | ||
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Fenrax
United States5018 Posts
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Doraemon
Australia14949 Posts
On November 20 2011 07:44 Fenrax wrote: Interesting to read about that in the comments. I didnt know that contracts that allow the police or campus police to look at your room whenever they want are legal in the USA. Doesn't that go against a person's fundamental rights? Like inviolability of the home or property? the patriot act? | ||
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