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City police blotter for Oct. 9
Sears' return policy needs transparency
Students do have rights
Last updated on 04/08/2009 at 6:35 p.m.
When the University Police come knocking, it may seem impossible for a student to deny consent to an officer to enter his or her residence hall room.
But both Donald Henderson, director of Students’ Legal Assistance, and Lt. Todd Henert of the University Police said students can deny consent.
“Students are not required at any time to give consent to an officer,” Henert said.
Henderson elaborated further. Employees of the university, such as repair technicians and community advisers, can enter residence hall rooms to inspect the condition of the room. The University Police, however, is a recognized police force and acts as an arm of the state.
“They are then bound by the state and federal constitution as to what the state can do and the state can’t do,” Henderson said.
Henderson identified three ways in which the police can enter a student’s room. The first is a search warrant, in which the police have obtained written permission from a judge to search a particular part of the person’s property as outlined in the warrant.
The second way is consent. If a police officer knocks on a residence hall door and the student says “come in” without asking who it is, that is general consent and is legal.
“The police do not have to announce themselves,” Henderson said, adding that the police, however, cannot misrepresent themselves.
There’s also the plain view doctrine to consider in consent cases.
“It’s apparent there’s criminal activity in plain view,” Henert said, noting one occasion in which he saw a student rolling up a marijuana cigarette.
Community advisers are also covered in this. While CA’s can inspect the room, they cannot invite the police into the room. Only the owner of the room can do so because, Henderson said, students have an expectation of privacy with their room.
The third way of entering is emergencies. Henderson said that if the UP learns that a student in a particular room has a gun and intends on using it, the UP can enter the room without a warrant or consent because it is threatening the peace. If a student feels an unlawful entry was made, both Henert and Henderson advised to wait and find their recourse in court.
“If the officer does find something unlawfully, it is dismissed in court,” Henert said. Under no circumstances should students physically resist the officer or lie to them.
» Next Campus Article: University Police Blotter: April 9
