so, a few days ago, my entire residence hall (i live at a university) smelled like smoke. i have no idea why, but it certainly wasn't me. well, later that night, the cops knocked on my door and when i opened the door they immediately shuffled inside. apparently, they thought the smoke was coming from MY room. they also told me that they were going to search my room. i happened to have a small amount of marijuana, and naturally i didn't even think about search warrants because i was freaking out. and yes, i did end up getting in trouble for possession. my main question is, did they need a search warrant? i assume that they did. it may be different since i'm living on university property though. also, is it too late to hold the fact that they did not provide a search warrant against them, since the search is already done and over with? real answers are appreciated, please don't give me BS like "well maybe you shouldn't have been smoking weed." thanks.
2007-03-11 12:14:57 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Get a good lawyer. It's not too late. You have to give them the permission since it is your living space. You pay to go to school. Just because you're in school doesn't mean you don't have any rights. You can have your criminal charge trown out for illegal search and seizure. The school, unfortunately, can probably punish you however they like. They might suspend you, expel you, or throw you off campus, but I think you can get off the criminal charges. Good luck.
2007-03-11 12:27:40 · answer #1 · answered by Eisbär 7 · 1⤊ 1⤋
Ok, generally a search warrant is required when the cops search a location where you have a 'reasonable expectation of privacy.' Now, certainly, if this was your home, then yes you'd have such an expectation. You may still have such protections in your University hall depending how much privacy you have there. I mean, are you subject to random searches by university folks? Is there anything in the school policy that puts you on notice that your room may be searched anytime by anyone? Even if they need a search warrant, there is an exception: in exigent circumstances, they may search without one. The exigent circumstance might be taht if they wait to get a search warrant, you might destroy evidence. If it smelled like smoke--more like pot--then they might make that argument: that if they had waited for a search warrant, you would hae destroyed the evidence. Also note that the 4th amendment protects you from the government. If these cops are University Public saftey whatever, and you're in a private university, then you dont get 4th amendment protection. I regret that my answer isn't clear cut yes or no. But if you are facing serious consequences, it wouldn't be a bad idea to talk to an attorney. You can probably have a 30 minute chat for $150 or so and you can have all your questions answered. Good luck
2007-03-11 16:13:19 · answer #2 · answered by musicdotcm 3 · 0⤊ 0⤋
The first thing I would read is the housing agreement your signed with your university as well as your student handbook - it will likely tell you that as a student living on campus there are certain limitations to your privacy.
Smelling smoke in a room may be construed as probable cause to enter for the safety of other residents in the dorm.
I know you don't want to hear this - but you really shouldn't have had it in the first place. Because now your little bit of weed may very well follow you around as a criminal charge for the rest of your life, and if your university is anything like my daughter's you would be packing up and moving out of the dorm and be expelled - zero tolerance drug policies are becoming more common.
2007-03-11 13:10:21 · answer #3 · answered by Susie D 6 · 0⤊ 0⤋
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2016-05-20 02:58:51 · answer #4 · answered by ? 4 · 0⤊ 0⤋
as by way of the placed up-9/11 paranoia, we confident ourselves that those searches and seizures are no longer unreasonable. subsequently, the Patriot Act isn't a violation of the 4th modification. Conservatives made this argument while Bush replaced into president, yet now that Obama is president, they're turn-flopping on their tale. by ability of ways, this is the united states remote places Intelligence Surveillance courtroom that matters the NSA its warrants.
2016-12-14 16:41:08 · answer #5 · answered by picart 4 · 0⤊ 0⤋
The smoke could of been probable cause.. uhmm but it's a tuffy. Call a lawyer, then maybe get one. My brother inlaw he was pulled over, and the police guy searched his car for no reason! He too, also had like few grams. He was arrested, and then on the court date, he got nothing, since they had no reason to go in there. So nothing went on his clean record.
2007-03-11 12:22:29 · answer #6 · answered by Anonymous · 2⤊ 0⤋
sorry no, the university can give them permission to enter your room for security or safty issues.
You give up alot of rights to the college by living in the dorms.
2007-03-11 12:20:33 · answer #7 · answered by Anonymous · 3⤊ 0⤋