Dorm room searched by campus police just now - Page 2

KeeterMom · 03-31-2011, 10:02 PM

My understanding also is that a fake ID is a federal offense. Google it

poetgrl · 03-31-2011, 10:04 PM

Is this the first time your son has gotten into trouble? I think that might help.

Campus police are not state police or city police. fwiw.

KKmama · 03-31-2011, 10:05 PM

According to my RA daughter, any drug or alcohol in a dorm room at their school means that the whole room can be searched and that all roommates can be held responsible, no matter who claims to be the owner of the substance. HUGE risk that everyone should be aware of.

jablalf · 03-31-2011, 10:05 PM

In addition to consulting a lawyer, you might also take a look at the wording of the housing contract. Most schools preserve a "Right of Entry" to the room -- your housing contract should explain under what circumstances the school can enter and search.

ihs76 · 03-31-2011, 10:05 PM

No, renters do not have the same rights as a homeowner. The homeowner gets to set the rules, the renters have to live by them. No smoking, no pets etc.

This is not city/state police. This is private property with its own set of rules and they can have additional restrictions such as "rooms can be searched anytime." One accepts those rules when one signs the housing contract.

x-posted

kayf · 03-31-2011, 10:08 PM

NE, I think most colleges reserve right to search rooms. The ID is a problem. Hopefully they will justmake the kid take a substance abuse class (Note, I do not think every 18YO who has a beer has a substance abuse problem, but if you get offf the course, its the best you can hope for)

CSU -- a dorm is not the same as an apartment.

northeastmom · 03-31-2011, 10:15 PM

I think that you are probably right kayf, but I am guessing.

limabeans · 03-31-2011, 10:16 PM

I agree here: the campus police reserves the right to search the dorm. My son went to a Jesuit college and they often had room checks, even if there wasn't "cause". I think, given the campus police came with the Dean of students, they were covering themselves.

Not so sure how serious it is with a fake ID. Good luck

jonri · 03-31-2011, 10:17 PM

Okay, this is NOT legal advice. Legal advice varies based on the state where the college is located. This is just generic common sense advice.

(1) Make sure your S did NOT consent to the search. "We caught your roommate with pot. We'd like to search the room." "Oh, okay," opens door and steps aside. He's consented.

(2) The roommate may have consented. Stranger things have happened.

(3) Dig up the housing contract. It is possible, if not probable that there is a clause in it that states you consent to having your room searched if the campus police have any reasonable grounds for thinking that there are any illegal substances or simply that the school can search if there is a suspicion that school rules have been violated. It may even say that in exchange for getting college supplied housing, you agree that the college can enter your room at any time. You CAN waive your rights like this by signing a contract. LOOK FOR IT TONIGHT. Read it.

(4) Again, I don't know the specifics. What was your S using for a phony ID? Forging a college ID or simply altering the date of birth is a lesser offense than manufacturing a phony government document like a driver's license.

I agree with the advice that you listen tomorrow and that you and your S say as little as possible.

Coleytown · 03-31-2011, 10:22 PM

My son has never been in any kind of trouble...

I'm copy and pasting this regarding student rights from the handbook...and I really don't think they had any reason to search my son's belongings from what I read here. What do you think?

"The right to a reasonably secure
campus environment. A right to
freedom from unreasonable search
and seizure of one’s person,
possessions, or residence by
University officials or personnel. The
University will make every reasonable
effort to respect the privacy of the
student, and give prior notice, if
possible, of entry into the student’s
residence for purposes of inspection
or verification of occupancy. However,
the University reserves the right to
conduct a reasonable search of a
student or areas under the student’s
control, without notice, in emergency
situations, for spot inspections, in
cases of suspected or alleged violation
of University policy, or for such other
purposes as are reasonably necessary
to ensure the comfort, safety, and
protection of members of the University community.
Students may"

merlin · 03-31-2011, 10:24 PM

Get a lawyer. I believe in logical consequences, but also in legal protection for kids who may not realize that they need it.

Similar happened to my S---although he was not in dorm room when roommate was caught smoking pot in the room. University cops called town police. S was called to dorm room and told to take his books,etc and leave for the night. Dorm room was padlocked for 24 hours, while police sought and got a search warrant. When they searched the room, they found less than 6 beers in the fridge--belonging to my S who was 21 and allowed to have beer. They also found a small pot pipe on S's side of the room. S was charged with possession of paraphenalia (sp?) and with furnishing alcohol to a minor, although there was no proof that 20 year old RM had taken any beer.
The pot pipe charge was dismissed. The alcohol charge stuck, despite lack of evidence.
We got a lawyer. S did not think it was necessary to spend the money. Funny kid!--although DH and I were not laughing. One year later and S's record has been expunged. The RM, who did not get a lawyer, paid a fine and probably has the charges on his record.

I feel your pain!

poetgrl · 03-31-2011, 10:26 PM

From your quote, OP:

Quote:

However,
the University reserves the right to
conduct a reasonable search of a
student or areas under the student’s
control, without notice, in emergency
situations, for spot inspections, in
cases of suspected or alleged violation
of University policy, or for such other
purposes as are reasonably necessary
to ensure the comfort, safety, and
protection of members of the University community

Here's the part: "for spot inspections."

oldfort · 03-31-2011, 10:29 PM

I was explained by D1 few years back about fake IDs - it's better to possess someone's real ID than to have a fake ID because having a fake ID is a federal offense. For that reason, D1 never had a fake ID.

Coleytown · 03-31-2011, 10:29 PM

"(1) Make sure your S did NOT consent to the search. "We caught your roommate with pot. We'd like to search the room." "Oh, okay," opens door and steps aside. He's consented."

Unfortunately I think that's EXACTLY how it went down. He's naive. I wish he had called us as soon as they knocked on the door but no dice.

The fake ID is a license from a third state, not our home state nor the state where he goes to school. He says he bought it for $50 and we didn't ask from whom.

kayf · 03-31-2011, 10:30 PM

Actually, I found this handbook more helpful to OP. HER kid had done nothing to warrant HIS stuff getting searched. In any event, hopefully the dean will just warn her re fake ID.

Coley -- is this a fake ID (with your kids picture or name, etc) or someone elses real ID? Tell your kid to keep his mouth shut, but find out facts. There is nothing illegal if a friend, or friend of friend left ID there. As far as I know. For example, friends cousin visits. Leaves license. DS says OK, I'l mail it back. When I get around to it. Now that line doesnt work if he doesnt know, but there are variations. I found it on ground, and was gonna turn it in.

Before I get flamed, I dont generally approve of lying, but the sanctions for this stuff is outrageous.

How many of us parents would have problems like this if these rules were enforced when we were in school? Some kids ran a bar out of my dorm when I was in college, and the RAs knew about it.