I did find some other interesting cases. A few said that courts would allow evidence gathered illegally since the warrant could have easily been secured.

 

I find that a bit disturbing.

Just watched the video. That kid is a giant tool.

Ohio v Ellis court disagrees.

That's why I said "think."

I lived in the dorms at Northern and I was under the impression that Hall Directors (not Residential Assistants), as well as the Dean of Students had the administrative right to search a room and no warrant was needed. I'm not sure how they treated University Police. I could be wrong but that is the way it was presented.

 

We had our room searched once because of our roommates was being removed from school for various reasons. In his back room (which he lived in alone) he had all kinds of alcohol bottles. No warrant was presented, but I also didn't know any better to challenge them (nor did I have a reason too) and just let them in because I had nothing to hide and knew the Dean well.

 

Similar thing happened to me at NKU. Campus police came to the door to investigate a a verbal argument that occured in the breezeway between my door and 3 other apartments. I was the only one home at the time, arguement had nothing to do with me so when they knocked they asked if they could enter and I said sure. They walk through the back bedroom and my roommate had a bottle of vodka on his desk. I got charged with possession of alcohol (I was 20). Guy wrote up a police report saying I was manifestively under the influence. I was completely sober, hadn't been drinking and didn't know my roommate had a bottle. The cop told me to pour out the liquior. I told him it wasn't mine I wasn't touching it, he then said if I didn't I would be arrested for disorderly conduct. Ended up having to go through diversion and pay a fine. Never did find out who was yelling outside my door, Thanks a lot.

So if the law states that they need a warrant (and according to Clyde's earlier post that appears to be the case) and still forced their way into the room without one, it's because they have the right to do so?

 

That's just complete ignorance.

No, complete ignorance is not reading a post carefully enough before spouting off. I was responding to your insinuation that cops think they can violate the law anytime they like, without worry of facing consquences.

 

"...the cops get attitude with you and force their way into the room. Now what? Kid was respectful, but his rights are still violated, and we all know nothing would be done to the officers."

 

My response was that, if they enter a premisis, you can be sure that they are of the opinion (right or wrong, based on whoever vs. whoever else) that they have the legal right to do so.

If they "forced" their way into a room, it's because they have the right to do so.

 

 

No, complete ignorance is not reading a post carefully enough before spouting off. I was responding to your insinuation that cops think they can violate the law anytime they like, without worry of facing consquences.

 

"...the cops get attitude with you and force their way into the room. Now what? Kid was respectful, but his rights are still violated, and we all know nothing would be done to the officers."

 

My response was that, if they enter a premisis, you can be sure that they are of the opinion (right or wrong, based on whoever vs. whoever else) that they have the legal right to do so.

 

 

This was your post. You didn't say because they "think" they have a right to do so, you said if they force their way into the room it's because they have the right.

 

Your insinuation that the cops can do whatever they want is ignorance.

Heard on KSR that apparently the school officials are reviewing the kids tape and reviewing the cops actions. Apparently it might begin to get some national attention.

If the kid was a tool, ignorant, disrespectful, it doesn't matter--I do agree that is not how you treat law enforcement, but no law says we have to be polite. Nonetheless, I think the police officers can enter if an illegal instrument is in "plain sight". That's what I was taught in my business law class. Now whether the officer saw something was not shown in the video. I would like to think a police officer cannot barge in w/o a warrant.

Ohio v Ellis seems to say a warrant would be required at a public university.

 

Dorm Room Searches

 

Is that a ruling from the US Supreme Court or Ohio? If it's Ohio then it's POSSIBLE the KY Supreme Court could rule differently

IMO, an apartment and a dorm room are different. A dorm room on a state funded university campus is government property and I would not expect to have a reasonable expectation privacy.

IMO, an apartment and a dorm room are different. A dorm room on a state funded university campus is government property and I would not expect to have a reasonable expectation privacy.

 

You don't have a reasonable expectation of privacy in your own dorm room? Seriously?

I said that's my opinion.

I said that's my opinion.

 

So if you're using the restroom at a courthouse, you'd have no problem with someone coming into the stall and watching you? After all, it's on government property and you have no reasonable expectation to privacy, right?

So if you're using the restroom at a courthouse, you'd have no problem with someone coming into the stall and watching you? After all, it's on government property and you have no reasonable expectation to privacy, right?

 

Apples and anchovies. You're better than that...or at least I'd hope you are. You're comparing a plain view search of a dorm room to that of a borderline sex crime.

 

More accurate comparison is the dorm room and going thru a metal detector and subject to search when you enter a courthouse.

Apples and anchovies. You're better than that...or at least I'd hope you are. You're comparing a plain view search of a dorm room to that of a borderline sex crime.

 

More accurate comparison is the dorm room and going thru a metal detector and subject to search when you enter a courthouse.

 

Not really. You are completely out in public with no expectation of privacy when you go through the metal detector and by wishing to enter the courthouse you give your consent to that search. The bathroom isn't a good example either. A better example would be could the police enter a judge's chamber if he had the door shut without a warrant or his consent to perform a search?

Edited December 13, 201213 yr by AverageJoesGym