Was this legal?? Please help!!

[wifpd4]

Re: Was this legal?? Please help!!

I glanced at the "Georgia Southern University Student Code of Conduct" pretty broad strokes painted with that brush! You, even if you weren't a criminal justice major, might have been required to report the possibility of underage drinking.

EIther in the Code of Conduct or your housing agreement, one of them mentions sound amplification. Which although I'm thinking bullhorns used to incite a riot, could have meant your loud stereo.

Alcohol, noise, refusal to comply...ouch. For some reason the the "Community Leaders" felt threatened or perhaps it's a common practice to call the University Police?

Please keep us posted over the next few days.

[Ivan Rajic]

Re: Was this legal?? Please help!!

Based on what I read and the rules you posted it seems completely legal to me... You basically answered your own question with one simple line from the rules/guidelines/etc.


Students are guaranteed the rights of any citizen and therefore will not be subject to unreasonable searches and seizures.

Simply translated, "will not be subject to unreasonable searches and seizures" means "will be subject to reasonable searches and seizures"

The rest is pointless details. As someone stated, there was alcohol and minors in the room. Easily a reasonable search and seizure.

In my opinion, in this case 1+1 actually = 2.

[SX4DUDE2013]

Re: Was this legal?? Please help!!

Based on what I read and the rules you posted it seems completely legal to me... You basically answered your own question with one simple line from the rules/guidelines/etc.


Students are guaranteed the rights of any citizen and therefore will not be subject to unreasonable searches and seizures.

Simply translated, "will not be subject to unreasonable searches and seizures" means "will be subject to reasonable searches and seizures"

The rest is pointless details. As someone stated, there was alcohol and minors in the room. Easily a reasonable search and seizure.

In my opinion, in this case 1+1 actually = 2.

No official saw any alcohol being consumed by minors? Never saw cans until they entered illegally. No one saw any alcohol? They do not have proof that alcohol was consumed in my dorm. So that cannot be proable cause????

[Shawn T.]

Re: Was this legal?? Please help!!

Unfortunately, I think the college wins on this one. They didn't enter illegally because they are allowed to inspect the room and then once they were inspecting they saw items in plan view. These items were cans that were at one point filled with alcohol and are now empty. That is beyond circumstantial evidence in my opinion and the mere presence of minors with alcohol could possibly cause issues.

On another note, it may not even be that alcohol is being consumed by minors or around minors but that it was on the campus to begin with. I assume it is a dry campus.

But, if you don't get any other mail or email notifications that you are being brought up on academic probation or charges of any kind then I would forget about it. Sometimes UP likes to scare people by doing stuff like this without actually filing any charges. Just like when they break up a party, they just tell everyone to go nice and calmly instead of arresting all underage drinkers and the owner of the house. Sometimes just a scare tactic.

I hope everything works out man.

[boiler7904]

Re: Was this legal?? Please help!!

No. The whole story is being told. In short. 2 girls knocked at my door. I went outside to speak to them. They said they heard some noise. Is anyone inside consumed alcohol. I said yes, I have a 21 yr old here. They then id him and get his info. They asked to come in to make sure underaged ppl wernt drinking. I told them no, and asked everyone to leave while they could. I think waited for the officer to arrive. I told the cop he was not allowed inside and i would speak with him if need be in the hallway....he said no and came inside. He ten told me his name and that it is better to cooperate. I said sure....
"can i request officer &@$@( to be present" ..
Cop - "no you may not, she is not working tonite"...ok

Cop - "will you take a portable breath test"
Me - "what is your policy if i dont"? "do you take me to your station or to the county station"?
Cop - didnt really know what to say. never answered the question...?

He TO MY UNDERSTANDING did not have permission to enter...???

No official saw any alcohol being consumed by minors? Never saw cans until they entered illegally. No one saw any alcohol? They do not have proof that alcohol was consumed in my dorm. So that cannot be proable cause????

When you are under 21 and have people under 21 in a dorm room with someone that is 21 who happens to be drinking, and you tell the community adviser that alcohol is in the room, the campus PD has probable cause to be in your room whether you want them there or not.

Hope everything works out. Maybe this is your chance to learn from a mistake and not repeat it in the future.

[SX4DUDE2013]

Re: Was this legal?? Please help!!

When you are under 21 and have people under 21 in a dorm room with someone that is 21 who happens to be drinking, and you tell the community adviser that alcohol is in the room, the campus PD has probable cause to be in your room whether you want them there or not.

Hope everything works out. Maybe this is your chance to learn from a mistake and not repeat it in the future.

WRONG - I just spoke with the Dean of Students for my Universit. I was told that it is unlawful for an officer to enter your room if they are told no...

After a 45 min conversation with the Dean of Students, this is what I have learned....

1) A report done by the CLs is published. I will have access to this and to see my "charges".
2) I will be able to review this report and have my chanrges displayed to me by a person from the housing association. Very informal. Once told my charges, i can fight it or take the punisthehment.
3) If I fight, I can go to a group/board review or a single person review....
4) If I go to the board I can appeal any decision...The single person, I cant

ALSO LEARNED:
Yes, the officer did violate my rights of the university and the United States. I can file and complaint and hire an attorney If I choose.
Also, EVEN if the evidence was gathered in an illegal manner, than it is still used because it is UNFORTUNATLEY NOT a COURT OF LAW....FML. If it was it would be thrown out.....

[wifpd4]

Re: Was this legal?? Please help!!

Do the CL's actually make the charges or someone further up the administrative ladder based on the CL's report and the University Police report?

What is the timeframe of the next steps?

Based on what you've said, it sounds unlikely this will proceed much further.

[Kornercarver]

Re: Was this legal?? Please help!!

If the original poster displayed the same attitude with the campus police officer that he is displaying here, I'm surprised he wasn't cuffed and hauled into the police station.

[wifpd4]

Re: Was this legal?? Please help!!

If the original poster displayed the same attitude with the campus police officer that he is displaying here, I'm surprised he wasn't cuffed and hauled into the police station.

Ah yes Kornercarver, but the OP doesn't have our vast years of experience and can't say, "...been there, done that..."; but soon may...

[ColonelCash]

Re: Was this legal?? Please help!!

My dad used to always tell me to avoid trouble whenever possible. I'd suggest you do the same thing. This isn't the first thread you have posted regarding some type of legal trouble and they ALL end up locked.

[roushstage2]

Re: Was this legal?? Please help!!

I don't know why you always seem to start threads that are always asking for advice about if something you or someone else did to you is illegal or not...

You and/or someone in YOUR dorm room were doing something you/they weren't supposed to be doing. You are ignoring the wrong-doing of yourself and those in your room, and trying to put the blame on the campus PD for what they did. You can't not play by the rules and then get mad when someone else doesn't. Lighten up...and quit making threads asking if what you did is illegal or not.

[Mike Pennington]

Re: Was this legal?? Please help!!

We have been watching this thread and it may be getting close to closing time....

HINT HINT !!!

[Shawn T.]

Re: Was this legal?? Please help!!

We have been watching this thread and it may be getting close to closing time....

HINT HINT !!!

No disrespect to anyone but it might be about time.

[Ivan Rajic]

Re: Was this legal?? Please help!!

No disrespect to anyone but it might be about time.

Agreed. I think the OP has made up his mind about the legality of the issue and I doubt the forum can be of any further help, if it ever was. Best of luck OP.

[SVT Lightning]

Re: Was this legal?? Please help!!

I think that once you informed them that a 21 year old was in your room consuming alcohol, they had every right to enter and you do not have a case at all.