search of a college dorm

[nighthawknomore]

What is the name of your state (only U.S. law)? pa
My son just started living in a college dorm last Friday. On Saturday, the "pod" where he was staying was raided by the security staff. They searched everyone's room including his. They searched his belongings, his wallet and even his person. All without his permission. They said that they were looking for LSD which was ridiculous. He has never done drugs, sold drugs or been involved with drugs in any way. Nor did they find anything even remotely resembling LSD or any other type of drug on him or in his room.

While searching him, they claimed his wearing dark clothes, wrist bands and dark glasses while in doors made him a suspect. They threatened him with "manslaughter" charges if they did find drugs. Yes, manslaughter.

The school called me today (2 days after the raid) and said there was a incident that I needed to speak with him about. I hung up and was able to reach him on his cell. When I talked to him, he explained what they did. That he was sitting in his room when some kids came in and asked if he had any "illegal substances?" He told them that he didn't and they left.

After talking with my son, the school called me back and informed me that a hearing was set for this Wednesday to go over the "facts". They told me that I am not allowed to attended. Nor am I or my son allowed to face this boys or have them tell us what they told the school.

Since they are a private college and the security staff are not the police, are they required to get a search warrant to search his possessions including his body? My son's major is a very competitive major and this "distraction" is going to have long term effects on his ability to focus on his work. I afraid that this may harm his chances. What are my options?

[Zaaz]

Security staff and college personal are NOT police officer and are NOT required to get a search warrant or even have probable cause to search. I am betting if you read the fine print on your son's residency agreement it will state somewhere in there that your son's college owned dorm room and all objects within can be searched at anytime by the staff.

You may want to look into if the college's security is actually a sworn police department. Some private colleges have fully sworn police officers/departments but are called a fuzzy, less intimidating name such as Campus Safety or Public Safety. If they are sworn police officer than they would need probable cause to search.

Your son is now an adult so you may be excluded from a lot of the information. When he turned 18 the you lost the legal paternal right to know everything about his life. The college can deny telling you anything.

[nighthawknomore]

what about his person? I find it hard to believe that they don't even have to ask for permission to search his body?

[seniorjudge]

Originally Posted by nighthawknomore

what about his person? I find it hard to believe that they don't even have to ask for permission to search his body?

Believe it.

[xylene]

The bottom line is -

Your son didn't refuse.

and

The college's discipline procedures are not a court of law.

[nighthawknomore]

are you saying that if he had told them that he refused to allow them to search his person, they would have had to stop? I feel that he was violated.

[seniorjudge]

Q: are you saying that if he had told them that he refused to allow them to search his person, they would have had to stop?

A: Yes.


Q: I feel that he was violated.

A: You need to talk to him; he is the one who consented.

[nighthawknomore]

My son was not asked if a search could take place. They just told him to stand up and then began to pat him down. Pull stuff from his pockets. He did not know what was going to happen until it happened.

Is there anything that can be done? Can a charge of assault be brought against the security staff? Everyone at St Vincent College in Latrobe (ooops it just slipped out) is now saying that
he was asked for permission and gave it. Which is not true. I have an email from one of this people who say that permission was given and in it she states

"I have talked with my staff who were involved in this situation, and confirmed that the search was conducted according to protocol"

Doesn't that statement contradict her being in the room?

[Peligroso27]

Is there anything that can be done?

Yes, you can learn a valuable lesson from this.

Can a charge of assault be brought against the security staff?

No. Why? Did they intimidate your son in some way? They were doing their job.

Everyone at St Vincent College in Latrobe (ooops it just slipped out) is now saying that
he was asked for permission and gave it.

I find it hard to believe that everyone at the college has spoken with you and has knowledge of this event.

I have an email from one of this people who say that permission was given and in it she states

"I have talked with my staff who were involved in this situation, and confirmed that the search was conducted according to protocol"

Doesn't that statement contradict her being in the room?

No, it states that she has reviewed what happened with her peers and confirmed that they followed all guidelines set forth by the school. You should be happy that your sons school is taking such proactive steps to keep drugs off the campus. If this is not the answer you want, please post that answer. We can then write that instead of real legal advice.

[nighthawknomore]

Proactive? Proactive is when they stop drugs from coming onto campus or find real drug dealers and throw them out.

Taking an innocent person and holding him up to public ridicule is not being proactive.

These are the actions taken by the few who wish to fool the many into thinking they are safer.

It you are going to reply with some cute put down - don't. I would rather not have any response at all.

[Peligroso27]

There is no put down, it is just very frustrating when someone who knows very little about the legal system (you), asks questions of people that know more (us) and refuses to believe what is said. Look back over your thread and you will see that you question each post as being somehow flawed because it does not agree with what you want to hear. The fact remains is that your son's rights were not violated. The only way you would know the truth of what happened is if you were actually there in the room. You weren't. You voiced your concern to the staff of the school and they addressed them. You are not satisfied. You asked us for advice about the situation, we gave it. You are not satisfied. Your opinion on the proactive nature of the administration of the school against drugs differs from mine. We do have something in common, we both only have part of the story. You always have the option of transferring your son to another school the next semester.

[CdwJava]

Originally Posted by nighthawknomore

Proactive? Proactive is when they stop drugs from coming onto campus or find real drug dealers and throw them out.

Part of preventing drugs from coming on to campus is being proactive and taking steps to stamp it out. Proactive is NOT simply preventing them from coming on to campus. Being REactive is when they simply wait for someone to possess it and then arrest them. Trying to stay ahead of it is doing something about addressing the problem and being PROactive on the matter.

Part of this proactivity is to conduct investigations as to the source of the drugs or to get to the truth of allegations. It seems that this is what the school is attempting to engage in - to get to the truth of the matter.

Taking an innocent person and holding him up to public ridicule is not being proactive.

Investigating an allegation or complaint that might have a serious effect on the campus is part of the process. If you feel that your son should not be subject to the inquiry, he does have options available to him. He can refuse to appear and then suffer the consequences (possible expulsion, I imagine). He can appear and refuse to cooperate (same end result, I suspect). He can appear and bring an attorney with him (not likely to be permitted, but he can try). He can transfer to another school. ... etc. ...

I seriously doubt that he will be made to stand on a podium while the throngs of onlookers stand about heaping ridicule upon him.

These are the actions taken by the few who wish to fool the many into thinking they are safer.

Perhaps you should pay for your son to go to another school that is more in line with your thoughts on these issues.


- Carl

[Peligroso27]

Well stated Carl