Skip to comments.
Question: What do FReepers Think About This?
me ^
| 23 September 2002
| me
Posted on 09/23/2002 1:31:36 PM PDT by 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?
TOPICS: Heated Discussion
KEYWORDS: jedigirlgetsbanned
Navigation: use the links below to view more comments.
first previous 1-20, 21-40, 41-60, 61-70 next last
To: blau993
While you raise a valid premise, I don't think it stands up. For instance, candles are considered contraband. So the school says they are inspecting for candles. How does that hold up when some students smoke and a very clear combustable source is ignored. I don't think they could make the case for a valid inspection.
If they are searching for weapons or some other contraband, they need a warrant.
Landlords can perform a reasonable inspection of apartments, but they can't inspect drawers or personal belongings. I don't see why this school setting should be different.
To: Illbay
Dream on, Illbay. Jim Robinson asked her the same thing.
42
posted on
09/23/2002 2:37:19 PM PDT
by
justshe
To: justshe
I realize she's very young. But then again, that's partly what disturbs me about her drug fixation.
43
posted on
09/23/2002 2:41:47 PM PDT
by
Illbay
To: DoughtyOne
It comes down to a matter of property rights. The dorm room is private property of the university. It has a perfect right to tell you what you can or cannot bring on to that property and to take reasonable steps to enforce that regulation. Reasonableness, like beauty, is in the eye of the beholder.
Constitutional rights don't always trump property rights. For example, you have a Second Amendment right to keep and bear arms. However, a landlord could put a provision in a lease that says absolutely no firearms are permitted on his premises. If you sign that lease, you have effectively agreed to compromise your Second Amendment rights. You still have the right. You have simply agreed that you won't exercise it while you are on the landlord's premises.
Then take it one step further. Assume the landlord says in the lease that he reserves the right to come onto the premises at any time to inspect to make sure no firearms are present. If you sign the lease, you have agreed to the inspection. What is a reasonable inspection under those circumstances? Not too hard to conceal a handgun or a box of ammo in your underwear drawer, is it? Think a court would say it was unreasonable for the landlord to include that drawer in his inspection?
I doubt that there is a court in the land that would find these contractual provisions unreasonable or a violation of anyone's constitutional rights. If you think the landlord's rules are unacceptable, you have the right not to sign the lease.
For a real world example of this, look at the law dealing with picketing and demonstrating (otherwise known as exercising First Amendment rights) on private property such as shopping centers, where such activity is prohibited. ACLU and Union types absolutely HATE these restrictions, but they are generally upheld by the courts as legitimate exercises of property rights.
One exception to all of this might be if the landlord is a government entity. The original poster did not say if the school was a private or a state institution. A court might take a harder look at state action than with action by a private party, but in the circumstances we are talking about here, I doubt the result would be any different.
44
posted on
09/23/2002 2:59:50 PM PDT
by
blau993
To: JediGirl
#22 hit the nail on the head ,as to all these "WOD" pruds they smoke there own weed ......."egotistical self-rightiousness" in there "smugness pipes"
45
posted on
09/23/2002 4:18:20 PM PDT
by
gdc61
To: JediGirl
Undercover cops disguised as pizza delivery guys would suck.
46
posted on
09/23/2002 5:22:56 PM PDT
by
Huck
To: JediGirl
Life's a bitch. And then you get caught. ;)
47
posted on
09/23/2002 5:55:40 PM PDT
by
gcruse
To: JediGirl
I personally have no problem with such searches as long as faculty, administrators and janitorial staff are submitted to the same conditions.
To: JediGirl
Back when I was in college, about two decades ago, a student had several large pot plants growing, visible in the window. Campus security heard about it and executed their own version of a search warrant- pulled the fire alarm. They went straight to the grower's room and 'found' the plants and confiscated them.
The dean of the college was so mad about it that the kid didn't get into any trouble at all. Instead it was the security guys who were disciplined.
Comment #50 Removed by Moderator
To: All
I am just a humble lurker for the most part, but did I miss something here, because:
JediGirl signed up 2001-04-19.
This account has been banned.
To: RonPaulLives
JediGirl signed up 2001-04-19.
This account has been banned.One drug posting too many?
To: All
To: newgeezer
Nothing appears offensive.
I must be missing something, did she author a thread that got pulled?
54
posted on
09/24/2002 11:46:00 AM PDT
by
El Sordo
To: El Sordo
I can only guess it was her "promoting" illegal activity which got her banned.
To: newgeezer
Makes sense.
56
posted on
09/24/2002 11:56:51 AM PDT
by
El Sordo
To: JediGirl
wonder if this spawned from the recent article where some police was considering seizing a college dorm under forfeiture laws as there had been so many drug busts there-
did they indicate that searches would be made when you first moved in ?
To: Revelation 911
should have read them all before I posted - never mind - I'll just talk to myself
To: El Sordo
I believe she and a couple of others were banned for a variety of reasons,
none the least of which was saying should you vote for a RINO,
or vote for a conservative Dem.
As well leading the charge against the WOD and supporting legalizing weed,
with many articles and posts supporting it.
59
posted on
09/25/2002 10:28:57 AM PDT
by
vin-one
To: Abundy
ping - although JediGirl is banned, perhaps you could give an analysis of the legal questions she has raised on this thread.
60
posted on
09/25/2002 6:32:01 PM PDT
by
dirtboy
Navigation: use the links below to view more comments.
first previous 1-20, 21-40, 41-60, 61-70 next last
Disclaimer:
Opinions posted on Free Republic are those of the individual
posters and do not necessarily represent the opinion of Free Republic or its
management. All materials posted herein are protected by copyright law and the
exemption for fair use of copyrighted works.
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson