4th Amendment Search

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4th AmendmentSearch Seizure

• Jennifer Cox
• April 24, 2006
• School Law

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The 4th Amendment

• The right of the people to be secure in their
  persons, houses, papers, and effects, against
  unreasonable searches and seizures, shall not be
  violated, and no Warrants shall issue, but upon
  probable cause, supported by Oath or affirmation,
  and particularly describing the place to be
  searched, and the person or things to be seized.
  

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Exceptions to Warrant Requirement

• Searches require warrants with the exception of
• Consent
• Motor Vehicles
• Plain View
• School Searches
• New Jersey v. T.L.O.

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New Jersey v. T.L.O.(Recap)

• Student was expelled from school and sued stating
  that the search was illegal.
• Court gave three requirements for permissible
  searches
• Justification at its inception
• Reasonable grounds for believing that a law or
  school rule or regulation had been violated.
• Reasonable scope in light of age, gender, and the
  nature of the infraction.
• Court upheld ruling, that search was permissible.
• However, what about searches in student residence
  hall rooms?

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In loco parentis

• In loco parentis
• Latin for in the place of a parent
• Concept is applied less to college students
  because a majority of students are 18 or older,
  therefore they are considered to be adults.
• Moore v. Troy State University (1968)
• The college does not stand, strictly speaking,
  in loco parentis to its students, nor is their
  relationship purely contractual in the
  traditional sense. The relationship grows out of
  the peculiar and sometimes the seemingly
  competing interests of college and student

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Consent to Search

• Two consent issues that arise in residence hall
  searches
• Does a student consent to have his/her room
  searched by signing a housing contract?
• Can a university official consent to a
  third-party search by police?

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Housing Contracts

• College students typically sign housing
  contracts to live on-campus. Handbooks
  containing policies are generally available.
• These agreements include provisions that allow
  authorized university personnel to enter the room
  for purposes of inspections, improvements, or
  repairs.  

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Residence Hall Policies

• Students are expected to conduct themselves in a
  manner which shows respect for the rights and
  privacy of others, the University, personal
  property, and local, State and Federal laws.
• -CNU Housing Contract 2006-2007
• Therefore, students who live on-campus must
  follow
• Federal, State, and Local Laws
• University Regulations

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Judicial Cases

• State of Arizona v. Kappes (1976)
• The right of privacy protected by the fourth
  amendment does not include freedom from
  reasonable inspection of a school-operated
  dormitory room by school officials
• Student acknowledges this when he/she signs a
  housing agreement and accepts the room under the
  conditions mentioned in the contract.
• Contraband seized was in plain view and is not an
  unreasonable search.

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Judicial Cases (cont.)

• State of Utah v. Hunter (1992)
• Students attending a university require and are
  entitled to an atmosphere that is conductive to
  educational pursuits. In a dormitory situation,
  it is the university that accepts the
  responsibility of providing this atmosphere
• The housing contract signed by Hunter further
  lends support that the search was reasonable.
• Lower courts said that the evidence should be
  suppressed, court of appeals overturned.

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3rd Party Search

• Can university officials consent to a third-party
  search by police?
• What if there is an educational purpose behind
  the search?
• Moore v. Troy State University The federal
  district court held that university officials can
  consent to searches. Reasoning Drug search could
  serve an educational purpose.
• Smyth v. Lubbers The federal district court
  stated that university officials can not consent
  to searches. Reasoning A drug search does not
  serve an educational purpose.

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Judicial Cases

• Piazzola v. Watkins (1971)
• A University regulation cannot be construed or
  applied so as to give consent to a search for
  evidence for the primary purpose of a criminal
  prosecution. Otherwise, the regulation itself
  would constitute an unconstitutional attempt to
  require a student to waive his 4th Amendment
  protection.
• Quote from People v Cohen
• This was, in essence, a fishing expedition
  calculated to discover narcotics. It offends
  reason and logic to suppose that a student will
  consent to an entry into his room designated to
  establish grounds upon which to arrest him.

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Case Study/Discussion
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Other things to consider

• The Exclusionary Rule
• If there is a 4th Amendment violation, the court
  must decide whether evidence should be excluded
  from criminal and/or university proceedings.
• Due Process and the 14th Amendment
• Procedural Fair and just legal procedures.
• Substantive Justification
• State vs. Private Actors
• Courts have focused on whether the official
  conducting the search can be considered a state
  actor.

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Stanleys Categorizationfor Residence Hall
Searches

• Category 1 Traditional Law Enforcement
• Warrant Probable Cause Needed
• Category 2 Health/Safety Inspections and Plain
  View Contraband
• No warrant or probable cause needed
• Category 3 Search by University for Contraband
• Probable cause needed
• Warrant is not needed

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Conclusion

• Rulings can vary depending upon state actors
  versus private actors
• Housing contracts tend to be upheld as consent to
  search, especially in regards to health and
  safety inspections.
• Rulings vary on 3rd party searches.