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Two university staff members (20 years of age) knocked on my door. They heard music and people talking inside. More voices than usual. I walked outside and shut the door behind me. They then asked to come in several times and I denied them access. They called university police, I also denied them access to the room as well. They didnt care and came in anyways.....
Per the rules to below and to YOUR understanding, WAS THIS LEGAL?
3. INSPECTION, SEARCH, AND SEIZURE
Students are guaranteed the rights of any citizen and therefore will not be subject to
unreasonable searches and seizures. The courts, however, have recognized the right of the
University to conduct reasonable inspections, searches and seizures in order to enforce University
regulations. Georgia Southern University reserves the right to conduct such inspections, searches
and seizures within limits of the law.
INSPECTIONS
(1) The University reserves the right to inspect rooms for possible damage, health and safety concerns.
The University reserves the right to enter rooms or other facilities at reasonable hours.
(2) The University reserves the right to enter rooms or other facilities at any time it has reason to suspect
a violation of University regulations is occurring.
SEARCH
(1) The University reserves the right to conduct searches of individual rooms and lockers in a residence
hall or other facility on the campus if there is reason to believe that a University regulation has been
violated.
(2) Law enforcement officials may search facilities with or without authorization from the University by
means of a search warrant.
(3) Efforts will be made to have the student available when a facility is searched.
(4) Evidence seized during a search can be used in disciplinary procedures concerning a violation of
University regulations.
(5) In addition to the above, the University reserves the right to conduct searches of individual rooms and
lockers in a residence hall or other facility on the campus if a University official determines there is an
emergency.
Room Search Procedure/Guidelines
(1) The need for a search must be established by a University Staff Member (suspicion of drugs,
weapons, fireworks, stolen items, etc.).
(2) When the need for a search is established, the University Police are contacted.
(3) If the University Police establish the need for a search, they will talk with the students and request the
evidence (drugs, weapons, fireworks, etc.) be turned in to them immediately. If the University Police
determine that a search is warranted, they will request consent from the student to search the room. If
the student denies the request, the University Police may request legal authorization to conduct a
search or University officials may seek approval to search from the Dean of Students or his/her
designee.
(4) If consent to search the room is granted by the student, the University Police will conduct the room
search. A report will be filed with the Office of Judicial Affairs.
(5) If the search produces evidence that constitutes a felony, the student will be arrested. If the search
produces evidence that is not considered to be a felony, it will be the judgment of the University Police
to file charges and send a report to the Office of Judicial Affairs.
(6) If consent to search a room is not granted by the student, the University Police may request a search
warrant (see other option in #7). If a warrant is granted by judicial order, the University Police will
search the room. A report will be filed with the Office of Judicial Affairs. If the search produces
evidence that constitutes a violation of law, the student may be arrested.
(7) If consent to search a room is not granted by the student, University Housing Staff Members may
request permission to search a room from the Dean of Students or his/her designee.
(8) If permission to search a room is authorized by the Dean of Students or his/her designee, a
room search will be conducted and a report will be filed with the Office of Judicial Affairs. During a
2009-2010 Georgia Southern University Student Code of Conduct p. 24
search authorized by the Dean of Students or his/her designee, the University Police will remain
outside the room.
Per the rules to below and to YOUR understanding, WAS THIS LEGAL?
3. INSPECTION, SEARCH, AND SEIZURE
Students are guaranteed the rights of any citizen and therefore will not be subject to
unreasonable searches and seizures. The courts, however, have recognized the right of the
University to conduct reasonable inspections, searches and seizures in order to enforce University
regulations. Georgia Southern University reserves the right to conduct such inspections, searches
and seizures within limits of the law.
INSPECTIONS
(1) The University reserves the right to inspect rooms for possible damage, health and safety concerns.
The University reserves the right to enter rooms or other facilities at reasonable hours.
(2) The University reserves the right to enter rooms or other facilities at any time it has reason to suspect
a violation of University regulations is occurring.
SEARCH
(1) The University reserves the right to conduct searches of individual rooms and lockers in a residence
hall or other facility on the campus if there is reason to believe that a University regulation has been
violated.
(2) Law enforcement officials may search facilities with or without authorization from the University by
means of a search warrant.
(3) Efforts will be made to have the student available when a facility is searched.
(4) Evidence seized during a search can be used in disciplinary procedures concerning a violation of
University regulations.
(5) In addition to the above, the University reserves the right to conduct searches of individual rooms and
lockers in a residence hall or other facility on the campus if a University official determines there is an
emergency.
Room Search Procedure/Guidelines
(1) The need for a search must be established by a University Staff Member (suspicion of drugs,
weapons, fireworks, stolen items, etc.).
(2) When the need for a search is established, the University Police are contacted.
(3) If the University Police establish the need for a search, they will talk with the students and request the
evidence (drugs, weapons, fireworks, etc.) be turned in to them immediately. If the University Police
determine that a search is warranted, they will request consent from the student to search the room. If
the student denies the request, the University Police may request legal authorization to conduct a
search or University officials may seek approval to search from the Dean of Students or his/her
designee.
(4) If consent to search the room is granted by the student, the University Police will conduct the room
search. A report will be filed with the Office of Judicial Affairs.
(5) If the search produces evidence that constitutes a felony, the student will be arrested. If the search
produces evidence that is not considered to be a felony, it will be the judgment of the University Police
to file charges and send a report to the Office of Judicial Affairs.
(6) If consent to search a room is not granted by the student, the University Police may request a search
warrant (see other option in #7). If a warrant is granted by judicial order, the University Police will
search the room. A report will be filed with the Office of Judicial Affairs. If the search produces
evidence that constitutes a violation of law, the student may be arrested.
(7) If consent to search a room is not granted by the student, University Housing Staff Members may
request permission to search a room from the Dean of Students or his/her designee.
(8) If permission to search a room is authorized by the Dean of Students or his/her designee, a
room search will be conducted and a report will be filed with the Office of Judicial Affairs. During a
2009-2010 Georgia Southern University Student Code of Conduct p. 24
search authorized by the Dean of Students or his/her designee, the University Police will remain
outside the room.
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