What rules apply to searches of a private college dorm room by university police? In the United States, private colleges often have campus police, who are employed by the school but are sworn law enforcement officers with full police power in a certain jurisdiction (which can easily extend beyond the campus). Colleges also have living areas for students, which are the home of the student while they're at school (if anywhere has a reasonable expectation of privacy, it seems like a dorm room would), although these are typically not leases. Now: From what I can tell, US law says that if you have a reasonable expectation of privacy on some property, the owner of that property can't just give police permission to search it, nor can police ask the owner to search it. For instance, a hotel manager can't consent to search of a hotel room while the occupant is paying to rent the room. However, without a lease, the property owner can enter and search if they got the idea to do that. In a university context, this seems to imply that a school administrator could search a dorm room for evidence of violation of school rules, but that city police would need a warrant or consent from the student. What's the rule for university police? Do they wear a "school employee" hat, which lets them search school property with permission from the school? Or do they wear a "police officer" hat, which (presumably) requires them to have a warrant? Or does it depend what they're looking for (so looking for drugs might need a warrant, while looking for space heaters might not)?
I did not perform a complete survey but The Jurisdictional Limits of Campus Police reports that, "subject to jurisdictional constraints, campus police officers had virtually the same powers as their municipal counterparts." (Internal quotes omitted.) Generally speaking, police are police not administration. Here are some statutes: ILLINOIS HIGHER EDUCATION (110 ILCS 1020/) Private College Campus Police Act. The Board of Trustees of a private college or private university, may appoint persons to be members of a campus police department.... Members of the campus police department shall have the powers of municipal peace officers and county sheriffs. MASSACHUSETTS General Laws PART I TITLE II CHAPTER 22C Section 63. The colonel may... at the request of an officer of a college, university, other educational institution... appoint employees of such college, university, other educational institution or hospital as special state police officers. Such special state police officers shall... have the same power to make arrests as regular police officers for any criminal offense committed in or upon lands or structures owned, used or occupied by such college, university, or other institution or hospital. Oklahoma 74-360.17 ...certified campus police officer shall have the authority to enforce... State criminal statutes. Campus police departments formed by private institutions of higher education pursuant to this act shall be deemed to be public agencies in the State of Oklahoma Here is a case: People v. Boettner, 362 N.Y.S.2d 365 (N.Y.Sup., 1974) is a case where school officials at a private school tried to get the cops to come execute a search. While the cops were dragging their feet obtaining a warrant, the school officials did their own search, found marijuana which they turned over to the police. Suspect was arrested and convicted. When the cops can't go into the room, send in the administration. Sort of. present search and seizure was conducted by college officials in a private capacity without government knowledge or participation and concludes that as such it is not subject to fourth amendment constraints. While it is true that a student does not lose his constitutional rights at the school house door or at the entrance to the college campus neither does he become cloaked with greater protection than any non-student who is the subject of a seizure of evidence by a private citizen. BUT the judge makes sure we understand that "State Police had no knowledge of and did not participate, directly or indirectly, in the search conducted by RIT officials on the 15th." So "it cannot be said that the RIT officials who decided on their own to search defendants' rooms were acting as agents, either actual or implied, of law enforcement.... Nor can it be said that the present search was only one incident in a close and continuing relationship between RIT and local law enforcement officers.... In the final analysis, RIT acted on its own, for its own reasons, and to further its own purposes." Regarding a written policy: The fact that the rules of the college regarding room searches were not complied with is of no consequence in determining the admissibility of the evidence for purposes of a criminal proceeding. Public schools are an entirely different animal. In those cases the university staff are public employees and their searches can be fourth amendment violations but they ARE allowed to conduct searches subject to the "reasonable exercise of University supervisory duties." "Even though the special relationship that existed between these petitioners and Troy University officials conferred upon the University officials the right to enter and search petitioners' dormitory rooms, that right cannot be expanded and used for purposes other than those pertaining to the special relationship." Piazzola v. Watkins, 316 F.Supp. 624 (M.D. Ala., 1970) Moore v. Student Affairs Committee of Troy State Univ., 284 F.Supp. 725 (M.D. Ala., 1968)
You were trespassing The community college is a public institution but they can decide what part of their land you can walk on and in what circumstances. Just like the military is a public institution but they don’t let you walk across their shooting ranges. To be clear, in the absence of clear “no dogs allowed” signage, you were not trespassing until you were told about the policy. At that point, you were legally obliged to remove yourself (or more precisely, your dog) from the campus as soon as possible. When you refused to do so, you became a trespasser. It’s trivially easy to find out who you are. One photograph, one reverse image search they’ll know everything about you right down to your shoe size. Even if you don’t use social media, I’m sure some of your family and friends do. In most US states, trespass is a misdemeanour and also in most states members of the public can arrest someone who is committing a misdemeanour in their presence. They can use reasonable force to do so and can hold the arrestee until they can transfer them to the custody of a law enforcement officer. Admittedly, this seems unlikely but it is possible. If you have caused damage, you can be sued. It seems that your discussion with the college staff was somewhat protected so the loss of productivity of those staff members is a loss that the college suffered and that they could sue you for. Again, not likely but possible. Alternatively, they could just report you to the police who may or may not bring charges. Note: this assumes the dog is a pet. If it’s a disability assistance animal, it can’t be excluded. See: Are sidewalks on a university public or private property? Can a local government charge a fee to enter a public downtown area during an event? Trespassing or Public Property? Is a mall considered a &quot;public place&quot; for copyright purposes?
Theft is of course illegal in all US states, and pretty much every other jurisdiction. In the US that is a matter of state law, not federal. It could be reported to the local police, but it might be hard to prove. Both landlord/tenant law and privacy law are largely matters of state law in the US, not federal law. Such laws vary a good deal in different states. In many states a landlord is allowed to enter the rented premises, usually on "reasonable" notice, or without notice if there is an emergency. If the landlord actually lives in another part of the house, and simply rents a room to the tenant, the landlord may be able to enter the room more freely than if it was a separate apartment or house. In many cases where there is a written lease or rental agreement, it will specify under what conditions the landlord or landlord's agent may enter, and how much notice is required. What does the lease in the current case say about that?
There is no hard rule that a strip search cannot be performed by a different-gendered officer. The hard rule is that the search must be reasonable (as required by the 4th Amendment) , which means that there have to be sufficient reasons for the search. Depending on the circumstances, a search of a male by a female, or in view of a female, could be reasonable – and in other circumstances it could be unreasonable. As the court in Cookish v. Powell, 945 F. 2d 441 said, In each case it requires a balancing of the need for the particular search against the invasion of personal rights that the search entails. Courts must consider the scope of the particular intrusion, the manner in which it is conducted, the justification for initiating it, and the place in which it is conducted There are trends in the law which speak in favor of inmates right to privacy from cross-gender strip searches. Byrd v. Maricopa County Board of Supervisors is a recent decision where given the circumstances, a cross-gender search was found to be unreasonable. Cookish v. Powell is one where it wasn't unreasonable. This resource file assembles numerous court rulings, classifying them for judicial circuit, gender of staff vs. gender of inmate, sorting according to who prevails. The "rule" would be that the more intrusive the staff conduct is, the less reasonable the search is: but the more of an emergency there is, the more reasonable the search is.
A private college or university is allowed to grant preferential treatment to anyone they please, except for oen of the reasons prohibited by relevant anti-discrimination law. Such laws vary by state, but generally prohibit preferences based on race, national origin, or gender. Some also include sexual preference or other categories. But I have never heard of a law preventing discrimination based on wealth, or specific donations. None of the Federal civil rights acts have such a provision. Preferences for so-called "legacy" students -- that is students whose parent or parents (or possibly more remote ancestors) are alumni of the school are common, and I am not aware of any case in which they have been seriously challenged as unlawful discrimination. Preferences for military veterans are also common, and may be mandated for public schools. For public schools justifying discrimination might be harder, and any relevant legislative polices will need to be considered, but even they can be free to make "rational" distinctions at least. Not all discrimination is unlawful discrimination -- far from it.
An officer is allowed to pull you over for speeding and then decline to give you a ticket for speeding. So the lack of a ticket has nothing to do with it (unless you actually weren't speeding, not even 1 MPH over.) Simply having past felonies, however, is not a reason for an officer to be able to search the car. Without a warrant, he'd need probable cause, consent, or some other exception to the warrant requirement. It's impossible for me to say what happened here. Maybe your husband had an outstanding arrest warrant? Maybe the officer saw the gun from outside the car? Maybe one of you said "OK" when he asked to search the car? Or maybe the search was illegal after all?
Being disabled has nothing to do with it. If he is harassing students then after there is a complaint and investigation, then he can be banned from campus, and arrested for trespassing if he returns. But there would have to be a formal complaint made to the authorities first.
Bizarrely, it depends on where you live in Kentucky. There is a law, the Uniform Residential Landlord and Tenant Act (KRS 383.500 to 383.705) which states limits on residential leases (otherwise, the matter would be governed by the terms of the contract and common law). The state didn't enact those laws as enforceable in the state, it "made them available" for cities, counties and urban-county governments to adopt unmodified (or not). So it depends in part on whether your locale adopted the law. Assuming it did, in the definitions, (13)"Security deposit" means an escrow payment made to the landlord under the rental agreement for the purpose of securing the landlord against financial loss due to damage to the premises occasioned by the tenant's occupancy other than ordinary wear and tear. (emphasis added) That would mean that they can't take the cost of carpet cleaning, painting etc. out of your security deposit. §383.595 (again, if applicable) states the obligations of the landlord, so he must Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him So it depends on whether the URLTA was enacted in your jurisdiction. This page indicates where that is the law, and also urges you to read the lease.