Question: What do FReepers Think About This?

me ^ | 23 September 2002 | me

[JediGirl]

From my friend's weblog:

1) During routine fire drills last week, campus safety unlocked all our rooms and searched thoroughly (even to the point of going through drawers and into our closets) for "illegal" things such as candles (fire hazards), alcohol, drug-related paraphanelia.. etc which were then confisciated. It's causing tremendous outrage because of the invasion of privacy. It all boils down to what the school considers to be their property. I feel that yes, this is school property, but we do pay to live here which should warrant us some property rights. Yes, we did sign a contract which stated we were not to have such items in our rooms... but this issue could have been dealt with much better. How does ransacking through students' belongings while they unknowingly stood outside during a firedrill cater to the trust and community spirit that this school builds and thrives upon?

[JediGirl]

What do you freepers think? For all you freepers well-versed in the law, is this kind of thing legal?

[Fred Mertz]

Did they find your dope?

[Registered]

What do you freepers think?

___________________________

Waste of bandwidth came to mind...

[leadpenny]

2) High School or College? Private or Public?

[Lil'freeper]

When you signed that agreement, did it say anything about searches?

[krb]

You asked the wrong site that one. This site is all about freedom and property rights until you mention the D word. Then it gets downright fascist.

[MSgt Smith]

My evil side tells me that I would have to report that expensive gold chain I had lock in my room is now missing

Other then that you get what you pay for

[Illbay]

I think you all need to grow up.

[Seajay]

If you are doing nothing wrong, you have nothing to worry about. It is being done for YOUR protection. After all, we live in dangerous times.

[jlogajan]

Which country?

[JediGirl]

It's a College. And it's private, which I did not know. Would this mean that it is within the college's rights to search then? She said she didn't remember anything in the agreement about searches and that it is the first time it ever happened (something to do with 9-11)

[gunnedah]

In the contract you signed,make sure you read it because you could have given them the right to do that. If not I would think they are wrong to search without a warrant if you are paying for the place in which you stay.Also it is possible there is a state law in your state covering these type situations.Re-read your contract and check the state statues or see an attorney and I hate to advise you do that but you certainly should have some rights.

[Illbay]

JG, I'd like to challenge you to post SOMETHING, ANYTHING that is not drug-related.

[JediGirl]

U.S.

[PBRSTREETGANG]

Gonna slow down the response time for the next fire drill (or real fire) with all the students now stopping to gather all their dope and paraphernalia.

[JediGirl]

Good grief. It has nothing to do with drugs. The point is that they made them leave out of the buildings for a fire drill and then searched their rooms without any warning.

[Sloth]

Objectionable, but legal if you agreed to such in writing. But if it's a public school, it could be argued that it violates the 4th amendment.

[VoiceOfBruck]

It's a clear violation of the students' rights - searching without a warrant. It's the same as if they were renting an apartment and the landlord decided to do a warrantless search.

[jlogajan]

The terms of the contract would have to be consulted. It's really hard to say without knowing the contract terms. It is a horrible PR move, but that is another matter -- something for students to speak up on -- regardless of the terms of the contract. (All contracts are negotiable.)

[blau993]

The legality will depend to a great extent on the "contract" the student has with the school. I put the word in quotes, because it is a broad concept. It could be specifically a lease for the living quarters or, more broadly, school regulations governing on-campus living. I suspect you will find something in there authorizing the school and its agents (the campus police) to enter into the rooms and conduct this sort of search any time they please.

There can always be issues as to whether a party to a contract freely and knowingly agreed to its terms. These are very fact-specific, and frankly these theories will not often overcome clear contract language, even if that language is tucked away in a sea of verbiage.

Bottom line. It stinks, but there is probably not a whole lot the students can do about it.