I live at college, and my school conducts "life safety inspections" once per term. Apparently they have a rule (I couldn't find it looking through the student handbook) that allows two RA's to master key into any room to perform the inspection. My RA made use of this rule while I was just down the hall in a friend's room. I had no warning that this was going to happen, except for a sign over by the elevator, which I did not notice. I feel as though my rights have been violated. Do college's have some rule that makes their room's exempt from the fourth amendment? Is this an "unreasonable search?" Does it have to be an unreasonable search and SEIZURE?
2007-10-01 14:22:13 · 9 answers · asked by Justin B 1 in Politics & Government ➔ Law & Ethics
there allowed to do it because it's school property.
2007-10-01 14:25:37 · answer #1 · answered by Anonymous · 0⤊ 1⤋
The fourth amendment doesn't apply in this case. The 4th amendment is about illegal search and seizure. All constitutional 'rights' have limits. One of the limits of ownership is that minors do not have the right of ownership. Legally, your parents are responsible for your health and financial well being until you turn 18, with few exceptions. Minors also do not have the right to enter into a legal contract. So your example doesn't work either. You cannot legally own a car, so you cannot legally give a car away. Sorry, it's just the way it is and it is fair. I know you hate hearing it, but you will understand what it means and why it's right when you have kids of your own.
2016-05-18 07:49:25 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The 4th Amendment says the GOVERNMENT cannot illegally search/seize. It does not apply to private actors (such as landlords/RAs). Chances are you signed some agreement to live in the dorms that made you subject to these searches. If they find contraband...they could turn it over to the police and you would have little grounds to challenge on 4th amendment principles. You MIGHT if the cops used the law enforcement agent to conduct a search they could not legally do themselves...then they are possibly acting as government agents.
So...the search CAN be unreasonable and the seizure can be unreasonable and it won't matter because it is not the GOVERNMENT that is performing the search. Yes, this would probalby apply at even a state-funded university.
2007-10-01 14:45:15 · answer #3 · answered by ironjag 5 · 1⤊ 0⤋
They own the property and may conduct a search of it at any time. Can't tell you how much beer went out the window and down the drain in the shower while the first room was getting searched.
Now if you have something illegal in the dorm, you should not have it there. Remember that the 4th amendment only applies to private property that you own and of which you are in exclusive possession.
2007-10-01 14:29:58 · answer #4 · answered by hensleyclaw 5 · 0⤊ 0⤋
The same rule applies in college dorms as in any other apartment building. Safety and health inspections must be announced at least 24 hours before by posting a notice on the premises. If you didn't see it, it's your problem. The fourth amendment does not apply here because it's not unreasonable for a landlord to want to inspect the premises and make sure rules are being followed, as long as he gives you adequate notice of entry.
2007-10-01 14:28:42 · answer #5 · answered by Anonymous · 3⤊ 1⤋
This is not a fourth amendment issue. This is a "tenant's rights" issue. Thus, it is governed by your state and city's laws on the topic. I don't know your jurisdiction, so I can't tell you anything more.
However, for most of the USA, you're SOL. In addition to acting as landlords, many states recognize that colleges act "in loco parentis"* to students living in dormitories--even if those students are above the ages of 18 or 21.
Move off campus soon as you can, and you won't have the problem.
*in loco parentis: In place of parents.
2007-10-01 14:38:51 · answer #6 · answered by Hoosier Daddy 5 · 0⤊ 0⤋
Ignorance of the law is no excuse. Or the rules, either. There is a public notice, so I would think that the school has satisfied their duty to notify you of this.
When I was in college, this sort of inspection was part of my job. We found all sorts of things - fire hazards, overloaded circuitry, contraband. We found evidence in a couple of rooms of people who had set up commercial pot farms - IN A DORM ROOM. One had enough paraphernalia and supplies that it was obvious he was dealing.
2007-10-01 14:28:53 · answer #7 · answered by Ralfcoder 7 · 0⤊ 1⤋
Contact your college's student counsel. If they offer you no recourse, and you believe your rights have been violated, your only alternative is to contact an attorney.
2007-10-01 14:29:42 · answer #8 · answered by Baby Poots 6 · 0⤊ 1⤋
if the school is a public state funded school, it is public property, not private.
2007-10-01 14:32:01 · answer #9 · answered by Anonymous · 0⤊ 1⤋