Illegal Search and No Miranda Rights given?

[Lersfootball]

What is the name of your state (only U.S. law)? Pennsylvania

Hi I am a freshman at a private University in PA. Recently, there was an incident where friends and I were hanging out in an apartment on campus and a few people were drinking. A resident assistant(RA) keyed into the room(the door was locked) without knocking or announcing themselves. There was absolutely no prior warning. We later asked a friend; who is an RA and he said they have to announce they are coming in or knock. They came in with no prior warning and had no probable cause. One thing they did say however is the word "doubleshot" but there is no way out of the apartment except the front door. So no evidence could be destroyed. I don't believe this is enough probable cause. Doesn't this mean all the evidence could be thrown out and not used against us in the court of law or by the school? (Also they made us dump out the alcohol and didnt take the bottles of alcohol as evidence).

Also, when they questioned us if we were drinking, we were not read their Miranda Rights prior or at any time. Several times the cop(It was a legitimate Cop, Our University Cops are real cops) threatened to cite everybody with underages and breathalyze. We all told him we were drinking and he took everybody's information down. My question is because they came in without announcing themselves and with no probable cause, Can't all the evidence be waived in a court of law and through school punishment? Also, I believe the Cop cannot use anything we told him against us as well and since nobody was breathalyzed can anybody even get in trouble? There is no other evidence for them in this case besides our statements and the alcohol that was in plain sight.

The school is trying to suspend/expell me because I had a prior incident where they said I was in the room when alcohol was being drank. Although, they had no evidence I was in the room.. They simply inferred I was, they took statements out of context. Can I sue them or what can I do to get out of this?

Please Answer back ASAP it is urgent. THANK YOU!

[HappyWanderer]

I don't think an RA at a private university is an agent of the government so you probably don't get any protections there. That will all be guided by the college agreement and rules.

You have nothing to really argue against the college.

Were you charged with a crime by the police?

[dave33]

As far as I can tell the local p.d. has taken no action against you. It does not sound like they charged you with a misdemeanor or even wrote you a ticket.From what I can tell thus far, your entire problem is with the school policy and the administration. The only advice I can give is to immediately familiarize yourself with the policys and disciplinary procedure. I am not 100% sure, but would sugge4st that since the criminal justice system is not involved that the rules of evidence and legal reasons to suppress evidence do not apply. I hope I am wrong.I know this isw lame advice, but I would look into school personell that helps students in these situations. I cannot help but to get a chuckle at your expense because of the statement you made. Basically you said the only evidence is your own statement and the alcohol in plain sight. Sounds like that's pretty much everything they need. But, I suspect to kick everyone out of school caught with beer than the level of education in your state would make a serious decline. If you do have to go in front of the school board, maybe being pro-active (alcohol classes) would help diminish the severity of your punishment. Hopefully someone else will be of more help.goodluck.

[justalayman]

first, if the RA entered the room, you would not have the defense of illegal entry to get the evidence suppressed.

You really need to sit down and read the rules you signed when you rented the dorm room. If they allow the RA to enter, then he can enter.

as to Miranda; SO? Not advising a suspect or detainee of their miranda rights, at most, will allow the defendant to have statements provided after such time miranda was required to be supressed.

If the officer had probable cause to breathalyse everybody then threatening to do so is not illegal. I suspect he had enough PC to demand all perform a Breathalyzer test.

So, what do you have?

Most likely whatever punishment the school doles out.