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Police entry into campus dorm without permit/harassment

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stmack89

Junior Member
What is the name of your state (only U.S. law)? Ohio

I am a 19 yo white male student at an Ohio university and I live on campus. On Friday my roommate and I were throwing a party in our dorm - nothing against the rules, just a few friends over listening to music and dancing. There was absolutely no alcohol or alcohol consumption in the room, but a few people showed up intoxicated (and under age).

After a few hours we decided to turn off the music and call it a night. A few minuets later I heard a knock on the door and there were ~ 6 people outside, 2 of them I could tell were police officers because of their uniforms. They (1 police officers and 1 other man) forced their way into my dorm on the grounds that "This is property of the University and we have the right to come in". The other police officer and persons remained in the hall. In the housing contract for University Housing it states that University officials have the right to enter the property for inspecting orderliness, cleanliness, etc; HOWEVER, an application needs to made prior to the search and must be approved by the proper university authorities stating the reasons for the search. The housing contract also says that in order for an search and entry they must have probable cause. I do not feel like there was either an application or probable cause in this situation. The music was off and there was no activities occurring which would have violated the universities rules

Along with a police officer there was also a very muscular black male who came in - no uniform or badge. He did not identify himself, he told me to sit down, and he began yelling at me: "Do you have any idea how much trouble you are in? Do you have any idea how long we can put you in jail, how much we can fine you, for serving alcohol to minors? You could serve years and be kicked out of school." and at this point he was yelling directly at me in a very threatening tone "Do you have any idea? DO YOU? ANSWER ME!"

I had done absolutely nothing wrong all night - I was completely sober and I was absolutely NOT serving alcohol to minors. Like I said before there was no alcohol in the room whatsoever. I had no idea who this person was, but they came into my room and began interrogating me. I was, needless to say, very scared and very confused. And I couldn't help but feel like he was acting unnecessarily harsh towards me because I am a white male. I later found out that they were newly hired university residence police, but like I said before there was absolutely no way to tell that at the time.

Because of the entry they kicked 3 people off campus permanently, they forcefully pushed my friend into the hall by his neck, and embarrassed me in front of the entire floor and ruined my reputation on campus - not to mention that it was a complete invasion of my privacy. My good friends no longer want to come back to campus because they don't feel like it is not safe. Even though I live on campus I do pay $3000 a semester and I would like to think that I do have some sort of rights. I don't feel like it is appropriate for campus security to bust into my room, go through my stuff, interrogate me (for things I did not do), and put a mark on my academic (and social) record without even announcing who they are let alone not having an appropriate application to show me. Not to mention I was horribly scared during the entire process.

I am also scheduled to meet with the residence jury to 'decide my fate'. I would like a second opinion on whether or not I have a legitimate case if I decide to take the University to court. Any other advice or tips would also be recommended. I have appointments set up to speak with the head resident adviser (who was present at the time all of this was occurring), but other than that I have no idea where to start.

Thanks for any advice in advance.
 
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The Occultist

Senior Member
My opinion: you will not find it very easy to take them to court. Maybe the ACLU would help out, but if now, you're gonna be out a lot of money taking them to court. Does the university have a law school? If so, consider yourself SoL.

Anyways, until you see some kind of report, you don't know the probable cause they had to access the dorm. Maybe they observed somebody stumblingly drunk leave your dorm, and when they confronted the drunk, perhaps he said he got the booze from your dorm. That sounds like grounds to investigate to me.
 

stmack89

Junior Member
My opinion: you will not find it very easy to take them to court. Maybe the ACLU would help out, but if now, you're gonna be out a lot of money taking them to court. Does the university have a law school? If so, consider yourself SoL.

Anyways, until you see some kind of report, you don't know the probable cause they had to access the dorm. Maybe they observed somebody stumblingly drunk leave your dorm, and when they confronted the drunk, perhaps he said he got the booze from your dorm. That sounds like grounds to investigate to me.
Yea they do have a law school :/

Thanks for the advice. It turns out that they did not have permission to enter my room; however, I am contacting the campus police about the situation and how it was handled. I am going to have to follow up with them to resolve the matter.
 

Zigner

Senior Member, Non-Attorney
Yea they do have a law school :/

Thanks for the advice. It turns out that they did not have permission to enter my room; however, I am contacting the campus police about the situation and how it was handled. I am going to have to follow up with them to resolve the matter.
Check all the paperwork you signed when you applied for/received the dorm room. I'm SURE they had permission to enter ;)
 

Silverplum

Senior Member
Check all the paperwork you signed when you applied for/received the dorm room. I'm SURE they had permission to enter ;)
I'm quite sure, also. They also had "permission" to YELL at the OP...even if it was the first time ever in his whole life. ;)
 

xylene

Senior Member
At a public Ohio institution the right of U figures to enter is not absolute.

This may or may not have any impact on the case.
 

stmack89

Junior Member
At a public Ohio institution the right of U figures to enter is not absolute.

This may or may not have any impact on the case.
When I met with the head RA (a full time staff member who handles all major issues in the dorm) she made it clear that they did not have permission to enter the room unless I gave permission (which I did not). They would have required the proper application (and without it they did not have the right to push their way in).

Idk if this helps to clarify anything.

And here is some more information that I recently learned about the situation (the plot thickens):

All of the police that entered were campus police.
The police were in the building when one of my roommates friends was trying to get back into the stairwell (he did not have the proper access card). He was heavily intoxicated and was uncooperative with the campus police (and lied about his age).

Another one of my roommates friends (who was also intoxicated; however, she was not recently in my room) went down the stairs to let the person (mentioned earlier) in, and was met by the police. They began to question her, she said she had been drinking (on a completely different floor than mine), and left her ID in my room and needed to get it - leading the cops to the room. I had not seen either of these persons (my roommates friends) in my room for any extended period of time (many people came and went throughout the night) and I had no idea where they were drinking or how they got the alcohol.

So when the police arrived they just assumed that the drinking was occurring in this room, and they were aggravated because of the first person who was giving them trouble. Still, by this time everything was over and there were only a few people in the room just sitting and talking, and I never gave to police permission to enter and nothing suspicious was going on. Am I wrong to think that they were way out of line to force their way in (when they had no permission), and wrongfully interrogate and yell at me?
 

xylene

Senior Member
This is kind of a no harm no foul scenario.

There is no harm done by the misdeed of the police.

Further you are accused of nothing as a result of the forced entry, so what is there to suppress?

As to the people kick off, they were found to be drinking not even in your apartment.

As to your fate at a residence conference, that is not a criminal procedure. The best you can do is air your case as provided in the rules and if need be appeal.
 

stmack89

Junior Member
This is kind of a no harm no foul scenario.

There is no harm done by the misdeed of the police.

Further you are accused of nothing as a result of the forced entry, so what is there to suppress?

As to the people kick off, they were found to be drinking not even in your apartment.

As to your fate at a residence conference, that is not a criminal procedure. The best you can do is air your case as provided in the rules and if need be appeal.
I agree. I was accused of alcohol consumption, possession, and/or distribution, but these charges were just dropped today. My next step is to bring up my issue with the university police department about the entry, but other than that I feel like everything is concluded (or at least will be concluded inside the university).

Thanks again for the opinions and advice. My inquiry was more of a preliminary measure in case things did escalate (which they didn't). But I also learned a lot in the process - this site is really great.
 

Some Random Guy

Senior Member
My next step is to bring up my issue with the university police department about the entry
It sounds as though they had reasonable suspicion that a crime had occured since they had an intoxicated underage person who mistakenly implicated your room in their drinking binge. Whether that gives them permission to enter is based on Ohio law and your residence agreement.
 

cyjeff

Senior Member
twenty years ago, I was a resident assistant at a major southern university.

You are correct about the search... to a point.

RA's are given passkeys so that they can enter a room if there is a strong belief that the health and/or well being of the occupants is at stake.

If you had hit your head and was bleeding to death, there wouldn't be time to get authorization from the Head of Housing.

This has been extended to the commission of crimes within university housing under the nebulous "well being" part of the above statement.

If you give us the name of the University, I will look through the student handbook and the housing agreement (if I can find them) to see if this language is still present.

I will say this, though. Living on campus does NOT give you the right to commit crimes in the dorm. If they believed a crime was committed (and all it would take is for one of the drunks to get caught and narc on you), that would probably be enough.
 

mlane58

Senior Member
twenty years ago, I was a resident assistant at a major southern university.

You are correct about the search... to a point.

RA's are given passkeys so that they can enter a room if there is a strong belief that the health and/or well being of the occupants is at stake.

If you had hit your head and was bleeding to death, there wouldn't be time to get authorization from the Head of Housing.

This has been extended to the commission of crimes within university housing under the nebulous "well being" part of the above statement.

If you give us the name of the University, I will look through the student handbook and the housing agreement (if I can find them) to see if this language is still present.

I will say this, though. Living on campus does NOT give you the right to commit crimes in the dorm. If they believed a crime was committed (and all it would take is for one of the drunks to get caught and narc on you), that would probably be enough.
The OP stated he attends Ohio state and here is the link

Center for Student Legal Services at Ohio University Survival Tips for Dorm Residents and Resident Assistants
 

cyjeff

Senior Member
This is an interesting publication...

Check out this quote...

HOW DO YOU KNOW WHAT THEY WILL DO?

Try asking them, without incriminating yourself. “Officer, if I were to open the door, and if you did find alcohol (i.e. “pot”), what would you do?”

If he/she refuses to give you a straight answer, you might want to require that he/she obtain a warrant. If he/she agrees not to file criminal charges, and then lies to you, he/she will run the risk that you will spread the news that he/she cannot be trusted. (An Officer’s reputation for honesty is important.) It’s a close one.
Here, the student is being told that an officer will not lie... and that they worry about their reputation among students... all of whom, apparently, LOVE the police today.

College has changed....

NOTE FOR RESIDENT ASSISTANTS: If you note a violation of University Policy regarding alcohol in dorms, what is your obligation? If the “offenders” cooperate with you and empty the beer, are you required to notify campus security? If so, do you know if criminal charges will be filed against the residents? If you are not required to do so, and you do notify security, will you be impairing your ability to deal with residents in the future? You might want to discuss this with your R.D., and your residents.
Here, RA's are being warned that turning in your residents (which, by the way, is in your JOB DESCRIPTION), that they may not like you anymore.

Note that underage beer drinkers are "offenders"....

I am very suspect of this document...

Let's go, instead, to the Ohio State Resident Hall Policy Manual...

University Housing : Current/Admitted : Policies, Contracts, and Fees : Residence Hall Handbook

Page 11..

4. Resident Privacy and Behavior
4.1 Access

The university respects residents’ rights to privacy and every effort is made to ensure privacy in university housing. Nevertheless, a designated university official has the right to enter any part of the university premises to perform reasonable custodial, maintenance, and repair services, to recover university property, to inspect for damages or cleanliness, or in case of emergency. In university housing, reasonable effort will be made to give 24-hour notice before the service or inspection is performed. Please note that routine work and inspections occur during quarter breaks.

(a) A designated university official may enter and search university premises if there is reason to believe that the premises are being used for an illegal purpose or a purpose that violates health or safety regulations or interferes with normal university operation.
That doesn't leave a great deal of wiggle room.

As long as the cops were accompanied by a designated university official, they could enter and toss the room to their heart's content.

To the OP...

Just because you didn't read the policy doesn't mean you aren't bound by it.
 

CdwJava

Senior Member
If the cops were university cops, chances are that they ARE university officials.

As a note, using trickery to gain entry is often going to result in an unfavorable ruling in court later on. In general (at least out here) the police are not permitted to use a ruse as a means to gain entry or consent.

- Carl
 

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