Improper Procedure?

[Jimbo2032]

What is the name of your state? Georgia

I live in the dormatory at Georgia Southern University in Statesboro, Georgia and recenty I feel that my rights have been severely violated, but I am not sure and would like some council...

Last night I left the Dorm to participate in some activities with my fraternity, At around 11 PM I got a call from my roomate saying that someone had set the room number sign outside of my door on fire, which created alot of smoke which in turn set off the fire alarm. The fire and police authorities soon apeared and approached my roomate suspecting him of setting the fire which he denied. Well, part of the procedure of the University Housing is to open the rooms and check to see that everyone is out safely during a fire emergency. This normally would not be a problem, but I had at the time something like fifteen old liquor bottles filled with food dye and water lying around my room, and neither my roomate nor I being 21, this is a violation of the student code and the bottles were confiscated. But for some reason or another the University Police officer at the scene decided that he had the right to open my personal freezer in which I had several bottles of liqour. The police confiscated the alcohol and destroyed them. Now I am facing an alcohol violation, and I am not sure what to do. I feel like I was violated but am not sure if this is the case.

Oh, and by the way, neither my roomate nor I was present when they decided to search my personal freezer nor were we asked for permission.

This only strikes me as strange because my friend down the hall recieved an Minor in Possession for having a wine bottle in his room, with actual alcohol in it, and the officer asked for my friend's permission to look around, my friend said that he could look at his things but not at his roomates, and the officer respected that. Please see that I am not really upset about the charge, just at the invasion of privacy.

Jimbo

[fairisfair]

Originally Posted by Jimbo2032

What is the name of your state? Georgia

I live in the dormatory at Georgia Southern University in Statesboro, Georgia and recenty I feel that my rights have been severely violated, but I am not sure and would like some council...

Last night I left the Dorm to participate in some activities with my fraternity, At around 11 PM I got a call from my roomate saying that someone had set the room number sign outside of my door on fire, which created alot of smoke which in turn set off the fire alarm. The fire and police authorities soon apeared and approached my roomate suspecting him of setting the fire which he denied. Well, part of the procedure of the University Housing is to open the rooms and check to see that everyone is out safely during a fire emergency. This normally would not be a problem, but I had at the time something like fifteen old liquor bottles filled with food dye and water lying around my room, and neither my roomate nor I being 21, this is a violation of the student code and the bottles were confiscated. But for some reason or another the University Police officer at the scene decided that he had the right to open my personal freezer in which I had several bottles of liqour. The police confiscated the alcohol and destroyed them. Now I am facing an alcohol violation, and I am not sure what to do. I feel like I was violated but am not sure if this is the case.

Oh, and by the way, neither my roomate nor I was present when they decided to search my personal freezer nor were we asked for permission.

This only strikes me as strange because my friend down the hall recieved an Minor in Possession for having a wine bottle in his room, with actual alcohol in it, and the officer asked for my friend's permission to look around, my friend said that he could look at his things but not at his roomates, and the officer respected that. Please see that I am not really upset about the charge, just at the invasion of privacy.

Jimbo

Dude, wake up, you live in the DORM, if you want right to privacy, move out, get an apartment.

[Jimbo2032]

Okay, so I live in the dorm, the manual that was given to us at the begining of the year states this:

"INSPECTION, SEARCH, AND SEIZURE
Students are guaranteed the rights of any citizen and therefore will not be subject to unreasonable searches and seizures. The courts, however, have recognized the right of the University to conduct reasonable inspections, searches and seizures in order to enforce University regulations. Georgia Southern University reserves the right to conduct such inspections, searches and seizures within the limits of the law." - Section II - Administrative Regulations Page 13 §6

Which loosley translated means that a University official can substitute for a police officer if one is not available (I am not positive if that is what is means but that is why I am here!). But there was an officer there.

It also states that:
"(2) Law enforcement officials may search facilities with or without authorization from the University by means of a search warrant." - Section II - Administrative Regulations Page 13 §10 Under Heading "SEARCH"


A copy of this manual can be found at:
[url]http://students.georgiasouthern.edu/sta/guide/05GuideWeb.pdf[/url]

This means that I have all of the rights that I would have under normal circumstances when dealing with law inforcment. Even if it was a university official, I think that I would have to be present for them to search through my personal things that are in a container that I have furnished for myself.

But then again I could be wrong, so if someone could please give me a real explanation and not just some answer that anyone could blurt out I would be very appreciative. I just want to know where I stand, and according to the rules by which the University is governed, I think that I may be in the right on this one, but I would like a second opinion from someone that knows the law better than I.

Thank You.

[CdwJava]

Well, I guess you'll just have to go to court and force them to show why the search was "reasonable" pursuant to school policy and the law.

- Carl

[Jimbo2032]

You know, its funny. I think that the Police around here expect me to just roll over and take whatever they throw at me...

I just went and got the incident report from the station, and guess what, the police at the scene said in their report, that the alcohol was "In plainview on the floor of room 3031" I think that this is hillarious. Do they take me as a fool? The alcohol was in my freezer and the University Housing staff that was present can, and have acouonted for such...

Isn't it illegal for the police to file a false report, especially when the police done something ilegal ie. violated my rights? (And they did violate them, I went and talked to the Judicial Officer at the University and he said that without 1) My consent, 2) The authorization of the Judicial Officer, or 3) A warrant from a judge, they cannot open anything, and they did not have any of those...)

Any way,I just wanted to update yall on what was happening. I think that the correct course of action now is to hire a lawyer, no?

[fairisfair]

Originally Posted by Jimbo2032

You know, its funny. I think that the Police around here expect me to just roll over and take whatever they throw at me...

I just went and got the incident report from the station, and guess what, the police at the scene said in their report, that the alcohol was "In plainview on the floor of room 3031" I think that this is hillarious. Do they take me as a fool? The alcohol was in my freezer and the University Housing staff that was present can, and have acouonted for such...

Isn't it illegal for the police to file a false report, especially when the police done something ilegal ie. violated my rights? (And they did violate them, I went and talked to the Judicial Officer at the University and he said that without 1) My consent, 2) The authorization of the Judicial Officer, or 3) A warrant from a judge, they cannot open anything, and they did not have any of those...)

Any way,I just wanted to update yall on what was happening. I think that the correct course of action now is to hire a lawyer, no?

According to you "liquor bottles filled with water and food coloring are throughout your room" I am sure at least one of those bottles had trace alcohol in it. Good luck with the lawyer thing.

[Jimbo2032]

Originally Posted by fairisfair

According to you "liquor bottles filled with water and food coloring are throughout your room" I am sure at least one of those bottles had trace alcohol in it. Good luck with the lawyer thing.

Dude, they didn't take them to the lab and have them analysed they poured the water out....

[Earthmother]

Unfortunately for you, the police obviously must have thought that those bottles filled with food coloring was enough to give them probable cause to search. And unless you go in front of a sympathetic judge, magistrate, or whatever, it matters not whether the police did anything wrong or not. Because now you are in the system. You can file complaints which MAY keep them from hassling you any further, but other than that, chances are youre going to just have to eat it, because in the real world police are here to intimidate, lie, and harass. I have been TOLD by more than one police officer that they can do WHAT EVER THEY WANT.
Im not sure, because they dont seem to want anyone to know, but it may be that ANY search, no matter if the paperwork, the resident, or anything else is available, just might be considered legal, due to the Patriot Act. They can also juggle the wording and concepts of an existing code in order to make themselves in the right.
So, my best advice to you is to fight this tooth and nail, file complaints to all the proper channels, get a jar of vasoline just in case. GOOD LUCK!!!!!! I wish you all the best.

[CdwJava]

Originally Posted by Earthmother

because in the real world police are here to intimidate, lie, and harass.

Darn it! I got in this career for allt he wrong reasons, then! I don't recall that training in the academy - either providing it or receiving it.

I have been TOLD by more than one police officer that they can do WHAT EVER THEY WANT.

Pretty lame on the part of the officer to say that. But, then again, considering the part of the country you live in ...

Im not sure, because they dont seem to want anyone to know, but it may be that ANY search, no matter if the paperwork, the resident, or anything else is available, just might be considered legal, due to the Patriot Act.

Thus far, the Patriot Act has had NO (read ZERO, NONE, NADA, ZIPPO) impact on the way we locals do our jobs. The laws have not changed, and we still need to adhere to the usual way of doing business.

In this case if the officer overstepped his bounds, the evidence could theoretically be tossed. However, since we do not know what the officer believed, what the rules or conditions were that the dorm students live under, or whether this was a real police officer or a campus security guard, there is no real clear answer for the original poster. His best bet is to speak to an attorney, no get all gloomy about the system.

And the best way to avoid getting caught with the goods is NOT to have the goods in the first place! And even if the criminal charge gets tossed, the university might still be able to toss him out for the violation. When I was in college we learned real quick that drinking in the dorms was a bad idea ... hence one reason to spend the time in OFF campus housing!

- Carl

[justalayman]

Quote:
Originally Posted by Earthmother
because in the real world police are here to intimidate, lie, and harass.

Carlarn it! I got in this career for allt he wrong reasons, then! I don't recall that training in the academy - either providing it or receiving it.

I think it was just before interrogations 101: the pressure technique, which was of course followed by 102: the hot light and 103: the rubber hose.