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Search and Seizure on Private Campus

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92redyj

Junior Member
What is the name of your state? Pennsylvania

I attend York College of Pennsylvania a private school. I lived in a campus owned townhouse at the time of this incident. I can provide details of the case if anyone thinks they can offer any kind of defense. My roomates car was seen driving away after throwing an egg at a campus security van. They took his tag, ran it and arrived at our townhouse with a police officer from the local township. No one was home at the time, so no one answered the door, the police officer left the campus and instructed campus security to call him if anyone came home etc. Less then 5 minutes later campus security took the liberty of going in our house and went upstairs in our rooms to "see if anyone was home". A marijuana pipe was in plain view, upon searching the house they found drugs, money, a scale etc. They called the police officer back to the scene and we have since been charged with poss. with intent, paraph., recieving stolen property, and criminal mischief.

The student housing contract reads:

The College reserves the right to search a room when there is probable cause that a policy violation or crime has been or is being committed. Appropriate law enforcement agencies may be contacted if necessary.

Campus security changed there reason for entering the apartment several times during our hearing with the school, originally they said alcohol was in plain view from the front door(which did not latch properly and "swung open" when they knocked on the door) and eventually just reverted to the fact that they believed we were involved in a crime. The handbook also reads that they should try to ensure that the occupants are home before any search occurs, and they must wait a reasonable amount of time.

Am I screwed based on the fact that it is their property?What is the name of your state?

Thanks in Advance
Matt
 


92redyj

Junior Member
BelizeBreeze said:
You need an attorney. Quit dealing with the school and hire your attorney yesterday.
I allready have an attorney, who is being overpaid for the amount of effort he is putting into my case. Whenever I mention making some kind of defense he seems to think we can worry about that later, he originally told me I would recieve ARD(accelerated rehab, like probation before judgment) without question, I have a prior arrest in another state for posession, I was not accepted into the ARD program and have now been given a court date of April 11th. My lawyer wants me to come in April 7th, if hes too lazy to do any research I figured I could try to do a little myself.

Also this occured around November 14th of 2004, I recieved the first paperwork in the mail November 20th of 2005, it's now been a year and a half since the incident, I was suspended from the college for a year, took classes elsewhere, maintained a 3.0, made deans list last semester and am now back taking classes at the college this happened at. I have also been working allmost fulltime since this happened, wonder if all that will help my case any! I'm a college student whos always made good grades and continued my education through all this, hopefully they wont throw the book at me here!
 
Last edited:

BelizeBreeze

Senior Member
From the facts that you posted, the only thing that may help you is to portray the campus police as acting as the agent of the local police which would help make a case for illegal search.
 

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