When Oregon residents go off to a college or university, they expect to gain a little freedom. For many college students, it is the first time they are living on their own away from their parents and from rules. It is a big responsibility that many handle well. Others use college as an opportunity to explore the world and test boundaries. Recreational drug use is sometimes one way in which college students experiment with their new found freedom. While this recreational drug use may not seem like a big deal, it can, in some situations, result in drug charges.
If people are found with drugs -- even small amounts -- the penalties can be severe. In many situations, these drug charges follow some sort of search and seizure. For college kids, this search may have been of their dorm room. People may wonder, therefore, if police are legally able to search a dorm room.
Just like in a private residence, college students have an expectation of privacy in their dorm rooms. This means that police are not allowed to search the room without adhering to the requirements laid out in the Fourth Amendment to the U.S. Constitution. This amendment requires police to have a valid search warrant unless an exception applies. Exceptions include contraband that is in plain view, searching during a valid arrest or having consent to search.
In a dorm room situation, a student housing agreement -- signed by the student -- likely includes some sort of search consent. This means that the student has likely waived the person's rights to oppose a search in certain situations. Generally, this applies to university staff and not police. However, the courts do not allow these student housing agreements to completely eliminate a person's Fourth Amendment right to privacy.
Whether or not a search a dorm room is legal depends on a case by case basis. Therefore, this blog post should only be used as general information. An attorney should be consulted if a dorm room search has led to drug charges.
Source: NACUA Notes, "WHOSE ROOM IS IT ANYWAY? LAWFUL ENTRY AND SEARCH OF STUDENT DORMITORY ROOMS," Jan. 21, 2009
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