Q: Can cops legally search your dorm room without given approval by the resident staying there?
So about 5-6 months ago I got suspended from my college. Now, there were two arrests that caused this but something didn't seem right about one of them? At the time I lived in the dorms and my roommate and I came back from the gym. Police were down the hall and eventually they knocked on the door and pulled my roommate out saying that there was an odor of marijuana coming from my room to which my dumb roommate says "Yeah we have a little bit" so they pull me out too and at that point too since he admitted. They then said "Do you allow us to search your premises" or whatever cop lingo and we both respectfully declined with no signs of intoxication at that time either. They then went down to the front desk and got a search warrant basically saying, "School says we can here is a signature." Is that even legal? I thought they can only really search if there is a concern of safety? We even got cuffed in the hallway in front of our fellow students and were treated like criminals.
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A:
It sounds like a frustrating situation, and it's understandable that you're questioning the legality of the search. Generally, dorm rooms are considered your living space, so the Fourth Amendment protects against unreasonable searches. However, universities often have policies allowing campus police or administrators to conduct searches for rule violations, especially if they suspect drugs are involved.
Even though you and your roommate declined the search, the officers obtained a warrant or permission based on university rules. If the school granted authority for the search under its housing agreement, it could be legal under those terms. Schools often include clauses in housing contracts that allow searches for safety, policy violations, or suspected illegal activity.
That said, whether the search was truly justified depends on the specifics of the situation, including the wording of the housing contract and state law. You might want to consult with an attorney who can look into the details of your case, particularly how the warrant was obtained.
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