The Fourth Amendment and Dormitory Searches—A
New Truce
Kristal Otto Stanley
65 U Chi L Rev 4 (1998)
Part II of this Comment provides a framework for courts deciding dormitory
search cases. Federal and state courts reviewing dormitory search cases
should place the search into one of three categories and then apply
the appropriate Fourth Amendment standard. The three categories and
appropriate standards are: (1) a traditional law enforcement search
if performed primarily by state or local police would require both a
warrant and probable cause; (2) an inspection for health or safety by
university officials, even one that results in discovery of incriminating
evidence in plain view, would not require a warrant or probable cause;
and (3) a search by university officials, with or without the aid of
campus police, for evidence of drugs or contraband would require probable
cause but not a search warrant. The interests involved in the dormitory
setting are important both from the student's and the university's perspective.
This framework recognizes that the Supreme Court's precedent in other
contexts, such as administrative and high school settings, cannot simply
be superimposed upon the dormitory context. However, using the balancing
inquiry and the principles of those precedents in a new setting results
in the warrantless probable cause requirement. The requirement establishes
a "new truce," one where university officials and campus police
are restrained in their searches by having to gather sufficient information
of a violation and to judge the credibility of that information. It
restrains them in such a way that protects students' important privacy
interests, while at the same time permitting the university to provide
an environment conducive to living and learning in the university setting.
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