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?

[DoughtyOne]

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.

[justshe]

Dream on, Illbay. Jim Robinson asked her the same thing.

[Illbay]

I realize she's very young. But then again, that's partly what disturbs me about her drug fixation.

[blau993]

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.

[gdc61]

#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"

[Huck]

Undercover cops disguised as pizza delivery guys would suck.

[gcruse]

Life's a bitch. And then you get caught. ;)

[Commander8]

I personally have no problem with such searches as long as faculty, administrators and janitorial staff are submitted to the same conditions.

[Looking for Diogenes]

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.

[RonPaulLives]

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.

[PBRSTREETGANG]

JediGirl signed up 2001-04-19.
This account has been banned.

One drug posting too many?

[newgeezer]

Here, for your perusal, are her last posts.

[El Sordo]

Nothing appears offensive.

I must be missing something, did she author a thread that got pulled?

[newgeezer]

I can only guess it was her "promoting" illegal activity which got her banned.

[El Sordo]

Makes sense.

[Revelation 911]

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 ?

[Revelation 911]

should have read them all before I posted - never mind - I'll just talk to myself

[vin-one]

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.

[dirtboy]

ping - although JediGirl is banned, perhaps you could give an analysis of the legal questions she has raised on this thread.