Can Texas dorms legally be searched by Resident Advisors (who, btw, are not police officers)?

Question

A friend of mine came back from class a few days ago to find his doorknob unlocked, though nothing was stolen. A couple of days later, the R.A.'s found a box of wine in the refrigerator (he's over 21, but not everyone in his wing is); but how did they know it was there? Their story is that the fridge was open, so they saw it. I say that's a ridiculous story because no one I know leaves the fridge door open while they're out.

Students had the impression that R.A.'s could enter a room and look around but not look through belongings or open things. I spoke with two of the three R.A.'s who entered the room, and they cannot verify the other R.A.'s story (who happens to dislike the resident) that the refrigerator was open already, so she could see the box of wine.

Our friend today voiced his desire to sue for illegal search and seizure . Later, when he returned from class, his door was wide open . Since nothing was stolen, we think it was the R.A.'s screwing around. Is this legal?

It's a state (public) university.

Answer 1

The threshold question is whether you attend a public school. If it is public, then we are talking about the 4th Amendment. The question then is whether your friends had a reasonable expectation of privacy (REP) that the government violated. Determining a REP is difficult but not impossible in a college dorm/RA setting. Any reasonable need to enter the room (administrative safety checks, etc.) will likely allow the RAs to enter. At that point, as long as the wine was in plain view (that is, the RAs could see the illegal contraband without opening any doors, cabinets, turning anything around, etc.), then your friends can be legally busted.

If a private school, then any hope of protection from illegal search and seizure is out the door, since the 4th Amendment protects citizens from only government search. You may have a trespassing claim against the agents of a private school, but even that is unlikely because in the lease agreement there is very likely a clause allowing for some sort of administrative-type searching along the lines of fire safety, etc.

Unfortunately, I don't see much of a claim here.

Answer 2

I am pretty sure the answer from the RA woudl be "prove it" and he woudl stick to the story that the door was ajar and in goin to close it be caught a glims of something which looked suspicious. Since the door was open/ajar, it is not "within plane sight" which leaves it open to legal search same as if someone had left a bag of drugs out on the living room table and you opened the door to a cop. You are fighting the wrong fight and shoudl just give the bottle of wine or whatever it was up without making a fight. If you fight the little stuff, then they will make life that much harder on you and make sure they have done so legally. I am quality control and I serve a similar function. If a minor problem is made into a big deal, then other problems can easily be brought to light which woudl otherwise be ignored. Sue him for illegal search and seisure and if you ever have your radio up too loud, the RA will write that up. If you have a party which goes on past "reasonable hours" (whatever that means) the RA will turn you over to security and so on and so on. Bit the bullet on this one and try to make ammends with the RA or find other living arrangements.

Answer 3

Believe it or not, 60 years ago women at some colleges were not allowed to smoke. Tobacco confiscation was common.

The campus owns the building and acts as a landlord, with a few extra powers. They can search your rooms and confiscate any materials that are illegal or otherwise not allowed by the campus administration. Whether it is pet hamsters, alcohol, or term papers that you bought on-line; banned materials can be confiscated. The RA is school's official and empowered to make such searches as required by the administration.

Double check the school's charter and the guidelines set down in your student handbook. There should be straight foreward answers on this matter; including the RA's responsiblity to securing personal property after a search.

Answer 4

If you deny an RA then they will just call the cops.

They are not allowed to open anything though, no. You can even deny cops to open crap but that will just lead to search warrants and all that.

It's not legal for them to leave your room insecure though. Actually I think it may be a violation if you yourself were to leave the room unlocked. I doubt you'll be punished for leaving your room insecure, but I am sure it does go against insurance law.

I know that the RA's nor cops cannot open anything without your permission at my school because when I go on break it tells me that there will be health and safety checks for visible violations. We get a check list, make sure crap is unplugged and the garbage is out, and we leave.

I have friends who are RA's as well and they told me that they cannot open anything, but two of my RA friends are nosy... Which angers me even though they are friends.

Answer 5

If the school gives them permission to check it is very legal.
The same rights of a renter is not given in most states for college students and in many cases the floor manager (RA) and college maintence may enter to do room checks or repairs without any prior notice. Even campus police can enter without warrants to do welfare checks Or to check for illegal things, if they have been reported by other staff.

Ie, if that RA had seen drugs and reported it, the campus police will not need a warrant to enter that room.

Answer 6

Make a police report first so that you can have proof these things are going on. Then set a trick for those nosy RA'S.

Answer 7

Ok most student housings have student bill of rights look in that is you have one. If not and your school has a student enate bring that up and try to get it passed.But legalities yes they can. The police can not.

Answer 8

I would say to protect everyone that they do have that right. You probably sign something giving that right to them.