University Housing and Residence Life: Search and Seizure by Chelsey Payne https://padlet.com/chelseypayne4/jus02cuk25lzivbt This Padlet is about search and seizure in college residence halls. This is an informational Padlet for college students who plan to live on campus. en-us 2020-09-25 21:43:39 UTC 2023-07-26 02:56:30 UTC hello@padlet.com Professional Perspective, Audience, and Topic chelseypayne4 https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780837044 Purpose and Topic:
This Padlet is about search and seizure in college residence halls. This Padlet provides information about federal and state laws and views in relation to search and seizure in college residence halls. It was created to educate students who plan to live on campus about search and seizure laws and local administrative policies at the University of Texas at Arlington.

About the Author:
Chelsey works in higher education as an undergraduate academic advisor at the University of Texas at Arlington. She is on track to receive a Master's of Education in Guidance and Counseling by the end of Fall 2020 from Angelo State University. She plans to continue her career in higher education and eventually move to student affairs. She is most interested in working with University Housing and Residence Life. Her interest in University Housing and Residence Life influenced her choice to focus on Search and Seizure in Residence Halls.

]]> 2020-09-25 21:52:31 UTC https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780837044 Summary of Topic: chelseypayne4 https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780841915 Summary and Importance:
There are unique laws, policies, and privacy rights that apply to college students who reside on college campuses. Like all citizens, college students have a constitutional right to be free from unreasonable searches and seizures that is guaranteed by the Fourth Amendment. However, college students living in university housing have a lesser amount of privacy rights than tenants living in regular rental properties. The amount of privacy a student has depends on the specific college's housing policy. Thus, it is important that college students are aware of their rights, when their place of residence can be searched, and  the laws surrounding searches. 

Emerging Issue:
An emerging issue is that there may be more privacy protections for college students who live on campus.  After the ruling in the United States v. Jones case (2012), the court ruled that a "search" is when officials attempt to find something or obtain information. Thus, college students are protected by the Fourth Amendment if officials attempt to find something or obtain information without a warrant (Kloster, 2012).

Kloster, A. (2012, January 27). Supreme Court Decision in ‘Jones’ and Students’ Fourth Amendment Rights. Retrieved from https://www.thefire.org/supreme-court-decision-in-jones-and-students-fourth-amendment-rights/

United States v. Jones, 565 U.S. 400 (2012)
]]> 2020-09-25 21:56:16 UTC https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780841915 Professional Association chelseypayne4 https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780845775 The National Youth Rights Association (NYRA) provides information about the Fourth
Amendment of the United States Constitution and how it grants students rights against unreasonable searches. NYRA advocates for students to retain Fourth Amendment rights in and out of school (Mandal, 2018).

Mandal, S. (2018, October 11). Search and Seizure. Retrieved from https://www.youthrights.org/issues/student-rights/search-and-seizure/
]]> 2020-09-25 21:59:41 UTC https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780845775 Current News Article # 1 chelseypayne4 https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780846880
  • According to Law (2017), the Texas Court of Criminal Appeals reviewed a case involving an unwarranted search of a student's dorm room. 
  • Residential Assistants searched the dorm room of a student and found drugs. The Residential Assistants reported the discovery to their director who then contacted the police. 
  • The police later entered the dorm room without a warrant and seized the drugs. The student was indicted for possession of a controlled substance. 
  • The ruling in the case upholds the fact that law officials must have a warrant to search and seize.

    • Law, N. M. (2017, June 13). Your Expectation of Privacy in Your Dorm Room Against Search and Seizure. Retrieved from https://www.conroecriminallawyerblog.com/expectation-privacy-dorm-room-search-seizure/

    ]]>     2020-09-25 22:00:37 UTC https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780846880     Current News Article # 2 chelseypayne4 https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780849316
  • According to Fossey (2018), college officials cannot search student dorm rooms for law enforcement purposes without a warrant because students who live on campus at public universities are protected by the Fourth Amendment. 
  • College officials cannot rely on the verbiage in university policies or university housing contracts to justify warrantless searches by law officials. 
  • Law officials must obtain a warrant to lawfully search a student's dorm room.

    • Fossey, R. (2018). Students at Public Universities Have a Constitutional Right to Privacy in Their Dormitory Rooms. Journal of College and University Student Housing, 44(3), 62-79.

    https://eric.ed.gov/?id=EJ1180663

    ]]>     2020-09-25 22:02:45 UTC https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780849316     Constitutional Law at the Federal Level chelseypayne4 https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780852593 • Fourth Amendment, United States Constitution 
    • The Fourth Amendment forbids unreasonable searches without a warrant. This law applies to nearly everyone in the United States. Thus, the Fourth Amendment applies to college students who reside in residence halls just as it does to individuals residing in their homes. This means that college students living in residence halls have the same rights as individuals living in homes.
    • https://constitution.congress.gov/constitution/amendment-4/

    U.S. Const. amend. IV
    ]]>     2020-09-25 22:05:45 UTC https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780852593     Constitutional Law at the State Level chelseypayne4 https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780853047 • Article 1, Section 9, Texas Constitution
    • Section 9 of the First Article of the Texas Constitution forbids unreasonable searches. This law applies to nearly everyone in Texas. Thus, Article 9, Section 9 applies to college students residing in residence halls just as it does to people living in their homes. This means that college students have a right to be free from unreasonable searches while on school premises.
    • https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm 

    Tex. Const. art. 1, § 9.]]>     2020-09-25 22:06:12 UTC https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780853047     Judicial Law at the Federal Level chelseypayne4 https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780853482 • Piazzola v. Watkins, 1971, United States Court of Appeals, Fifth Circuit
    • In the Piazzola v. Watkins case, Troy State University officials found drugs in two student residence halls in which they entered without warrants or consent. The court found that the searches were illegal since Troy State University officials did not have warrants, probable cause, a waiver, or consent. This verifies that a student who occupies a college residence hall is protected by the Fourth Amendment of the United States Constitution.
    • http://www.ca5.uscourts.gov/electronic-case-filing/case-information/current-opinions

    Piazzola v. Watkins, 442 F.2d 284 (5th Cir. 1971),

    ]]>     2020-09-25 22:06:37 UTC https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780853482     Judicial Law at the State Level chelseypayne4 https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780853828 • Commonwealth v. Carr,  2010, Massachusetts Supreme Court
    • In the Commonwealth v. Carr case three officers searched a student's dorm room without a search warrant or  written consent of the student occupants.The court found that the  warrantless searches had violated students’ constitutional rights. This ruling verifies that officials cannot violate the constitutional rights of students and that officials need to obtain a search warrant before initiating a search.
    • http://masscases.com/cases/app/76/76massappct41.html 

    Commonwealth v. Carr, 936 N.E.2d 883 (Mass. 2010)]]>     2020-09-25 22:06:58 UTC https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780853828     Administrative Law at the Local Level chelseypayne4 https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780854539 • Residence Hall Contract Terms and Conditions, Rights and Obligations of University, University of Texas at Arlington
    • The University of Texas at Arlington’s Residence Hall Contract explains that university officials have the right to enter student residence halls at any time if there is an emergency and at any reasonable time for any reasonable purpose. A few reasonable purposes include, but are not limited to: inspection, maintenance, or an investigation of violations.


    University of Texas at Arlington. (2020). Residence Hall Contract Terms and Conditions, Rights and Obligations of University. Retrieved from http://www.uta.edu/housing/housing/manuals/Terms and Conditions for Residence Hall Contract - 2019-20200 updated winter.pdf.]]>     2020-09-25 22:07:38 UTC https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780854539     Ethical Principle: chelseypayne4 https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780855135 According to the ASCA ethical standards for school counselors, standard F.e. states that counselors must apply the ethical principles of beneficence, autonomy, non-maleficence, loyalty and justice when faced with an ethical issue (ASCA, 2016). This standard could apply to many scenarios. One specific example is if I hear about a student who possesses a controlled substance in her dorm room, I must apply the ethical principles and maintain confidentiality unless the student is in danger of harming herself or someone else.

    American School Counselor Association (2016). ASCA Ethical Standards for School Counselors. Alexandria,
    VA: Author.

    ]]>     2020-09-25 22:08:14 UTC https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780855135     Non-Law Source: chelseypayne4 https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780855757 Flex Your Rights is an educational non-profit foundation that aims to educate the public about basic rights and protections during encounters with law enforcement. Here is a helpful link that shares important information about privacy rights and student housing.

    What Are My Rights in a College Dorm? (n.d.). Retrieved from https://www.flexyourrights.org/faqs/what-are-my-rights-in-a-college-dorm/

    ]]>     2020-09-25 22:08:51 UTC https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780855757     Recommendations / Best Practices for Compliance: chelseypayne4 https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780856549
  • Learn about your rights and assert them when necessary.
  • Read your housing contract before you sign.
  • Keep a copy if the contract, terms, and agreements related to housing.
  • Don't be afraid to ask questions if you are uncertain about the contract.
  • Familiarize yourself with the rules and the office/individuals who enforce them.
  • Get to know school officials and security staff.
  • Most importantly, avoid possessing prohibited items or participating in prohibited activities on while on campus.


    • ]]>     2020-09-25 22:09:43 UTC https://padlet.com/chelseypayne4/jus02cuk25lzivbt/wish/780856549