EPTSaying no to a dorm search by the cops, ok or no? - Page 5
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HyRuul
3 Posts
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julianto
2292 Posts
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Chaves
Brazil315 Posts
On November 20 2011 06:40 Sfydjklm wrote: movies taught me to always ask for a warrant Im with you brother!! | ||
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dsousa
United States1363 Posts
Nothing good can come of it from your end by granting them access. If they didn't need to get your permission, believe me they wouldn't, they would just bust your door down and shoot your dog if it barked at them. If they find something, they're not going to give you a break because you "let them in". Police like to bust people..... they like to have cool stories, and sometimes they like busting heads. They can really only hurt you in that situation.... the only good ending for you is them going away. There's no good citizen reward. If police are going to be mindless drones and give you vague explanations, don't just let them search your stuff. Be nice about it, but be direct about the fact that you "can't give them permission to search your home". Once they have permission, the degree to which they can search is open to question and they may decide to be far more intrusive than you first had thought. Once permission is given though, its dubious to what extent that goes. You can't give them a time limit. Giving up that power over your home and/or possessions never makes sense. You don't know the cop, how can you trust him with that power? This goes for whether you have anything shady going on or not. TL;DR Cops aren't your superiors and you don't have to submit to random people's requests, even if they are police officers. You shouldn't trust the cops to search your stuff, you don't know who they are or their motivations. | ||
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Jitsu
United States929 Posts
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Jitsu
United States929 Posts
Ask to see their badge/ID. Usually with Dorms/Apartments, it's generally the person who owns the actual dorm/apartment that has the permission to give the Police the affirmative head nod to do searches. If they have willing consent, than a warrant is not needed. + Show Spoiler + Next time have the strength to say NO. Nothing good can come of it from your end by granting them access. If they didn't need to get your permission, believe me they wouldn't, they would just bust your door down and shoot your dog if it barked at them. If they find something, they're not going to give you a break because you "let them in". Police like to bust people..... they like to have cool stories, and sometimes they like busting heads. They can really only hurt you in that situation.... the only good ending for you is them going away. There's no good citizen reward. If police are going to be mindless drones and give you vague explanations, don't just let them search your stuff. Be nice about it, but be direct about the fact that you "can't give them permission to search your home". Once they have permission, the degree to which they can search is open to question and they may decide to be far more intrusive than you first had thought. Once permission is given though, its dubious to what extent that goes. You can't give them a time limit. Giving up that power over your home and/or possessions never makes sense. You don't know the cop, how can you trust him with that power? This goes for whether you have anything shady going on or not. TL;DR Cops aren't your superiors and you don't have to submit to random people's requests, even if they are police officers. You shouldn't trust the cops to search your stuff, you don't know who they are or their motivations. And that quote is most certainly not true. | ||
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ICarrotU
United States254 Posts
On November 20 2011 06:43 schmeebs wrote: If they ask in the first place then they don't need a warrant, even if your dorm agreement says you can be searched it would have to be by campus police most of the time in which case they would have some proof as to what the investigation is. You can't get in trouble for telling the cops they need a warrant to search your belongings, they either will get a warrant or will have something else explaining why they don;'t need to (your dorms RA or something like that.) Just because they ask you doesn't mean they don't need a warrent, it's actually the opposite generally. | ||
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Owl
145 Posts
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dogabutila
United States1437 Posts
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stevarius
United States1394 Posts
On November 20 2011 14:48 dsousa wrote: Next time have the strength to say NO. Nothing good can come of it from your end by granting them access. If they didn't need to get your permission, believe me they wouldn't, they would just bust your door down and shoot your dog if it barked at them. If they find something, they're not going to give you a break because you "let them in". Police like to bust people..... they like to have cool stories, and sometimes they like busting heads. They can really only hurt you in that situation.... the only good ending for you is them going away. There's no good citizen reward. If police are going to be mindless drones and give you vague explanations, don't just let them search your stuff. Be nice about it, but be direct about the fact that you "can't give them permission to search your home". Once they have permission, the degree to which they can search is open to question and they may decide to be far more intrusive than you first had thought. Once permission is given though, its dubious to what extent that goes. You can't give them a time limit. Giving up that power over your home and/or possessions never makes sense. You don't know the cop, how can you trust him with that power? This goes for whether you have anything shady going on or not. TL;DR Cops aren't your superiors and you don't have to submit to random people's requests, even if they are police officers. You shouldn't trust the cops to search your stuff, you don't know who they are or their motivations. If it's college staff, GG no re. If it's LEO, see below. Let me edit this: http://counsel.cua.edu/studlife/publications/dormsearch.cfm Case law to back this shit up. | ||
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dogabutila
United States1437 Posts
On November 20 2011 14:15 julianto wrote: When you're asking to see the warrant, what specifically should you be looking for? It needs to be accurate in location, generally has time restrictions, and a summary of what they are looking for (usually specific). If its not the right location, go point that out. If the other stuff is wrong, keep your copy, keep your mouth shut, let em search and get it all tossed in court. // this is all beyond making sure they actually have one. | ||
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TheBomb
237 Posts
On November 20 2011 06:39 Scv4life wrote: To make the story short, I was playing some session on bent in my dorm when I heard a knock on the door. When I opened the door two cops showed up and asked if they could search my dorm. When i asked them why, all they gave me was some vague answer like its for a ongoing investigation. I thought I would get in trouble if I refused so I let them search my room. After about 1~2min of looking around they just left. I really don't know whats going on right now or why my room was the only one searched on the floor. So basically what I am asking is: Will I get into any legal trouble for refusing the cops to search by dorm if this happens again? Any input would be greatly appreciated, thnx. No you won't get in trouble. And to all the smarties saying find out what the form says, it doesn't matter. They can't search any premises where you live or stay without a warrant because its a violation of YOUR privacy. Unless you live on the street or a public office where there is no perception of privacy they can't search you without a warrant and I would not let them search. | ||
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matjlav
Germany2435 Posts
Long story short, your dorm room isn't your property, so the laws surrounding search and seizure don't apply. | ||
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Encrypto
United States442 Posts
On November 20 2011 15:53 TheBomb wrote: No you won't get in trouble. And to all the smarties saying find out what the form says, it doesn't matter. They can't search any premises where you live or stay without a warrant because its a violation of YOUR privacy. Unless you live on the street or a public office where there is no perception of privacy they can't search you without a warrant and I would not let them search. Exactly. A contractual agreement cannot override state housing law. A dorm unit is treated the same as an apartment with all of the same laws. To all of the people saying 'check your contract', you should be saying check your landlord/tenant housing code. | ||
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Gummy
United States2180 Posts
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[Ryuzaki]
22 Posts
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Goldfish
2230 Posts
On November 20 2011 06:50 tonning wrote: What if it was fake cops, like thiefs looking at you're dorm room to see if you got something valuable there? Quoting this because sadly this happens too often nowadays. Now fake cops in walking around in a university may be suspicious but that certainly mean it can't happen and that it won't get noticed. Something something Bystander effect (people notice suspicious looking cops but don't bother reporting it because "someone else will" [even though in the end no one does]) and something about fake cops dodging the real security team. Yeah I know this may seem unrealistic but it could happen. Unless you have security guards everywhere in your university (ones who know each other and know when actual cops show up + they question cops if they show up) then something like that could happen. Though outside of university or dorms, you definitely shouldn't let cops without a warrant and without proof they're a cop. Additionally don't mention about being afraid of fake cops (in case they're fake cops - in which case they'll play along). Or maybe not, is it a good idea to mention being worried about fake cops to cops? What if you mention it to fake cops? Might be *dangerous (though encountering fake cops trying to get into your home is always dangerous). *In cases like that they may be afraid their cover is blown and do something reckless. | ||
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TheChostoProject
Mexico96 Posts
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Flyingdutchman
Netherlands858 Posts
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mrafaeldie12
Brazil537 Posts
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