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John
ssdp.org

Registered: 08/08/03
Posts: 7,026
Loc: Vancouver, B.C.
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Dorm question
#2876276 - 07/10/04 04:20 PM (19 years, 10 months ago) |
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I will be moving into an off-campus dorm in a few weeks. The place is not owned by the school or anything. The way it's laid out is there's a shared common room that seperates each room, a shared kitchen, and a shared laundry room for each unit. There are four rooms (each room has it's own bathroom/shower and walk in closet) per unit. It's part of a 3 building multi-story complex filled with college students and I'd imagine police making an apperance might be a possibility So say there's a party by my room and I'm at another building or something and cops ask one of my roommates if they can search the room and he gives permission and i forgot to lock my door, he goes into my room and finds something illegal. Now did he have the right to search my room because one of my roommates gave him permission to enter our unit or does he have to ask me to enter my room because my roommate dose not have the authority to give permission to search what is not his? It's individual lease's btw so it's not like my roommates names would be on my lease, thanks
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Le_Canard
The Duk Abides

Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1
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Re: Dorm question [Re: John]
#2876319 - 07/10/04 04:39 PM (19 years, 10 months ago) |
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Technically, the cop wouldn't have the right to search your room, I would say. But, in reality, if the cop finds something there, he'll probably just go ahead and lie on his report and in court, saying he had probable cause to search. Personally, I'd just go ahead and get my own apartment off-campus. That way, you can have all the privacy you want.
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John
ssdp.org

Registered: 08/08/03
Posts: 7,026
Loc: Vancouver, B.C.
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Re: Dorm question [Re: Le_Canard]
#2876524 - 07/10/04 06:54 PM (19 years, 10 months ago) |
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Yeah but i can't afford my own apartment and these are off campus just a shared common room and kitchen to keep the cost down. heh paid for all by the government (financial aid) I don't even need a job to pay rent, classes, books, food, ect. and they pay for my education so I can use it against them 
If the door is closed but not locked, and he entered, it would be techinally illegal unless he said he heard a girl being raped in there or there was a fire or other such nonsence then correct? Nothing a lawyer couldn't easily get thrown out I would think...
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Le_Canard
The Duk Abides

Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1
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Re: Dorm question [Re: John]
#2877296 - 07/11/04 02:02 AM (19 years, 10 months ago) |
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Sounds sweet! But, yes, I would think a good lawyer could get you off, under those circumstances. Still and all, I would keep my door locked at all times, if I were you. But then, I'm a wee bit paranoid about things like that.
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Cyber
Ash


Registered: 06/14/04
Posts: 1,476
Loc: Dearborn Michigan
Last seen: 1 year, 12 days
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Re: Dorm question [Re: John]
#2878454 - 07/11/04 03:26 PM (19 years, 10 months ago) |
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First IANAL (I Am Not A Lawyer) but I have access to West Law. 
Looking over case law on the subject you may not have a leg to stand on. There are many rulings that show that anyone -->INVITED<-- OR LIVING at a residence can consent to a search of the residence. There are LOTS of rulings where a guest at a party let the police in the door and thus consented to a search of the residence!
Looking over the cases, the question that comes to mind is, are all 4 dorm rooms listed as a single address? For example if all 4 have only one mail box then any of the room mates can consent to a search of the address (All 4 rooms). Also note that locking the door is the best solution as the cops can not break the door down to search the room.
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John
ssdp.org

Registered: 08/08/03
Posts: 7,026
Loc: Vancouver, B.C.
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Re: Dorm question [Re: Cyber]
#2878487 - 07/11/04 03:33 PM (19 years, 10 months ago) |
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yup same address. thanks for the info, i guess i'll have to be aware of locking the door anytime i'm not in the room. what if i'm there and someone lets him in the common area, can i refuse to open the door for him? i would think so unless he had a warrant...
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Cyber
Ash


Registered: 06/14/04
Posts: 1,476
Loc: Dearborn Michigan
Last seen: 1 year, 12 days
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Re: Dorm question [Re: John]
#2878780 - 07/11/04 04:31 PM (19 years, 10 months ago) |
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Quote:
John said: yup same address. thanks for the info, i guess i'll have to be aware of locking the door anytime i'm not in the room. what if i'm there and someone lets him in the common area, can i refuse to open the door for him? i would think so unless he had a warrant...
Yup you got it!
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HaveABeer420
G.O.D.


Registered: 04/29/03
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Re: Dorm question [Re: John]
#2879821 - 07/11/04 10:04 PM (19 years, 10 months ago) |
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Thers something like that near where I live called the quads on the park. I had friends live there and there was never much privacy (police or your roomates). I wouldn't recommend doing anything there until you get know and trust your roomies. However, where I live, everyone may share an address but they do have differentiating apt numbers. So this may make for a loophole outside of the consent laws, seeing as how you technically have a different addy.
-------------------- I don't charge by the inch I charge by the foot, think I'm lying bitch here take a look...100% U.S.D.A grade A beef, heres my card call me.
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John
ssdp.org

Registered: 08/08/03
Posts: 7,026
Loc: Vancouver, B.C.
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Well i have my own walk-in closet, i was just gonna put a lock on it and keep everything in there, not much just some cult stuff. I wouldn't say a goddamn word to them about it though, even when i do get to know them. i can't see how privacy would be an issue, if i was a hermet i wouldn't have to leave my room for anything i have a fridge, bathroom/shower, microwave, computer w/ internet, cable tv all in my room, but i like people so i'll just keep them the fuck away from my "clothes"
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