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.

 

Incorrect. According to the cases that Clyde posted that is incorrect in regards to the police.

This is the ruling statement on the police involvement in the search: If law enforcement personnel want to enter the dormitory room they must first meet the criminal investigation requirements of warrant, exigency or consent. That was confirmed by an apellate court.

 

There is also the case of Limpuangthip vs. United States listed. It gives a case where the dormitory director got an anonymous tip that a student possessed drugs in their dorm. They brought the police with them and got the master key from the officers. However, the officers simply waited outside with evidence bags while the dorm director performed the search. Since the police did not provide her with the information about the drugs nor participate in the search it was deemed legal and the evidence that she then turned over to the police was allowed. If the police had taken ANY role in the search or turning over of information they would have had to have had a warrant or permission to enter the room.

 

That being said the kid was an absolute jerk and if I were the police I'd encourage his RA to perform searches in his room as often as possible--while I waited outside.

The police cannot search ANY dwelling without a) warrant b) consent c) plain view (evidence of a crime in plain view of the officer from a place that he has a right to be. d) exigent circumstance, meaning to protect life or prevent distruction of evidence that likely would be lost if officers delayed.

 

Most would be surprised to know that if Junior were living at home and dad asked the police to search his room, Jr being an adult and free to make his own choice, could deny the officer consent to search.

 

No rental agreement, contract, arrangement, or administrative regulation can supersede ones right in his dwelling place.

Like I said, it's my opinion of how it should be, not that I'm right

Exigent circumstance could fairly easily be articulated in this scenario IMO.

Exigent circumstance could fairly easily be articulated in this scenario IMO.

 

Evidently the University of Kentucky disagrees with you. One of the officers has been fired for his actions. The University policy said they could enter the room but were not allowed to perform any kind of a search without consent or a warrant. Here's the story from WLEX:

 

A UK campus police officer has been fired as the result of a hidden webcam video which shows a confrontation between him, another campus officer and a student in his dorm room.

 

The university has opened an investigation after the two officers were caught searching the student's dorm room without permission on camera.

 

The student, Graham Gaddis, hit record just before two officers come to his door because eyewitnesses claimed he had dumped liquor bottles out of his window. The student refuses the officers entrance into the dorm room, demands to see a warrant, but the officers say they don't need one.

 

The argument escalates when the officers go in and search his refrigerator. One of the officers, David Thompson, touched Gaddis as they entered, and he was the officer who was fired. The confrontation got heated and the language gets a little nasty.

 

Gaddis is caught on the video saying, "Get out of my room! Where is the alcohol? Don't touch me. There is no f----ing alcohol. Open the fridge. No, you open the f---ing fridge because you can't without my f---ing consent. Oh yeah? Nice. There is no fourth amendment. Oh wow, look at all of that, you see, the ranch dressing, all of the ranch dressing there." The two officers then leave the dorm room.

 

According to student housing policies, university personnel, including university police, may enter a student's residence hall without permission for various reasons. However, they do not have the right to search the room, including that refrigerator, without permission.

 

The university is continuing to investigate.

 

 

UK Campus Police Officer Fired After Confrontation

They were reading the UK housing agreement on the radio today and it states that the Campus Police have the right to enter if they have reasonable suspicion that alcohol or other illegal materials may be there. That when a student signs the agreement he is giving up the rights that you would enjoy at home.

That cop absolutely crapped himself when he realized the kid recorded the whole thing...

The police cannot search ANY dwelling without a) warrant b) consent c) plain view (evidence of a crime in plain view of the officer from a place that he has a right to be. d) exigent circumstance, meaning to protect life or prevent distruction of evidence that likely would be lost if officers delayed.

 

Most would be surprised to know that if Junior were living at home and dad asked the police to search his room, Jr being an adult and free to make his own choice, could deny the officer consent to search.

 

No rental agreement, contract, arrangement, or administrative regulation can supersede ones right in his dwelling place.

Actually it does if they gave away those rights in the contract.

The kid looks 18 maybe 19 and I hate to say this but at that age I would of acted the exact same way. I might not of called the cop the names he did but I wouldn't of let them in and would of been just as sarcastic.

They were reading the UK housing agreement on the radio today and it states that the Campus Police have the right to enter if they have reasonable suspicion that alcohol or other illegal materials may be there. That when a student signs the agreement he is giving up the rights that you would enjoy at home.

 

They can enter the room. They cannot, however perform a search of anything in the room--including the fridge without consent or a warrant. That is why one of the officers is looking for a job today.

They can enter the room. They cannot, however perform a search of anything in the room--including the fridge without consent or a warrant. That is why one of the officers is looking for a job today.

 

Exactly. He lost his cool, and thought it would be his word against the kids. IMO that's why at the end of the video it clearly sounds like the cop is about to cry.

 

Evidently the University of Kentucky disagrees with you. One of the officers has been fired for his actions. The University policy said they could enter the room but were not allowed to perform any kind of a search without consent or a warrant. Here's the story from WLEX:

 

A UK campus police officer has been fired as the result of a hidden webcam video which shows a confrontation between him, another campus officer and a student in his dorm room.

 

The university has opened an investigation after the two officers were caught searching the student's dorm room without permission on camera.

 

The student, Graham Gaddis, hit record just before two officers come to his door because eyewitnesses claimed he had dumped liquor bottles out of his window. The student refuses the officers entrance into the dorm room, demands to see a warrant, but the officers say they don't need one.

 

The argument escalates when the officers go in and search his refrigerator. One of the officers, David Thompson, touched Gaddis as they entered, and he was the officer who was fired. The confrontation got heated and the language gets a little nasty.

 

Gaddis is caught on the video saying, "Get out of my room! Where is the alcohol? Don't touch me. There is no f----ing alcohol. Open the fridge. No, you open the f---ing fridge because you can't without my f---ing consent. Oh yeah? Nice. There is no fourth amendment. Oh wow, look at all of that, you see, the ranch dressing, all of the ranch dressing there." The two officers then leave the dorm room.

 

According to student housing policies, university personnel, including university police, may enter a student's residence hall without permission for various reasons. However, they do not have the right to search the room, including that refrigerator, without permission.

 

The university is continuing to investigate.

 

UK Campus Police Officer Fired After Confrontation

 

That's why in a prior post I said "plain view". Honestly I've not read anything other than posts in this thread nor have I seen the video. Cause frankly, whatever the UK Officer did is on him. I'm sure there are some good University officers out there, but I know I've seen plenty where I've thought, "glad he/she doesn't work in my jurisdiction." Anyone got the name of the officer? It might be one I thought that about :lol:

The police cannot search ANY dwelling without a) warrant b) consent c) plain view (evidence of a crime in plain view of the officer from a place that he has a right to be. d) exigent circumstance, meaning to protect life or prevent distruction of evidence that likely would be lost if officers delayed.

 

Most would be surprised to know that if Junior were living at home and dad asked the police to search his room, Jr being an adult and free to make his own choice, could deny the officer consent to search.

 

No rental agreement, contract, arrangement, or administrative regulation can supersede ones right in his dwelling place.

 

This is not a black and white issue by any means. It really depends on several different things, however many people have absolutely no clue what their rights are.

Actually it does if they gave away those rights in the contract.

 

That contract cannot supersede one rights. The moment he denied entrance to his dwelling the officers must comply with the law. The resident may have violated his contract and the university may have some right to administrative action. The law, and in this case our Constitution, will always way over a contract.

I find the video enjoyable. UK police have been using these strong arm "I'm in charge" tactics since I was there in the mid '90's. I wish the webcam technology was around back then. I am glad the cop was fired.