College can provide the education to get your dream job. And although it requires you to work hard to get good grades, college also gives you the opportunity for fun and stress relief.
However, at some point during your college stay, you may find yourself involved with the university police department. Do you know your student rights as it pertains to an officer searching your dorm room? Are the police officers infringing on those rights?
The Fourth Amendment
The Fourth Amendment of the United States Constitution applies to everyone, including those living on a college campus. The amendment protects people from unreasonable searches by the government.
To prevent unreasonable searches, the government entity must present a search warrant. There are exceptions to this which include the following:
- A search of the home when a homeowner gives consent.
- A search after a lawful arrest inside the home.
- Items in the home are within plain view.
The information on the warrant must list the items involved in the search.
College dorm rooms
The Fourth Amendment does apply to college dorm rooms, which means a college student has the same rights as everyone else. The above exceptions due apply.
The University of Wisconsin – Madison has a room entry policy as part of its University Housing Student Housing Handbook. The policy states the following reasons a staff member can unlock your room without permission:
- Responding to serious life and health emergencies
- Performing needed maintenance
- Removing illegal pets
- Retrieving university property
- Conducting room inspections once a resident moves out
- Search by law enforcement under their authority and responsibility for the purpose of an investigation
The University of Wisconsin – Whitewater says on its website that searches of dorm rooms will only happen when there is a valid search warrant as it pertains to Wisconsin statutes. It may be in your best interest to become familiar with your Student Housing Handbook in order to know your rights.