Police ILLEGALLY barge into a dorm room without consent and threatened student

[Puck]

After listening to the guy, I don't give a shit.

Seriously, what a moron.

Also lol at the people saying he has a right to privacy in his dorm room. He does not, especially from the campus Police.

Also, I don't know if you guys realize, but he set up the cameras before hand. He fully intended to provoke them.

[xmr1]

His rights weren't violated. You only have the right to free speech and the right to freedom from unlawful search and seizure from government officials. Campus police are not government officials.

He was never threatened with arrest that I heard.

And yes, absolutely, he was risking expulsion by 1> mouthing off to campus officials, and 2> disobeying the dorm policies he agreed to abide by. Policies which, as punishment for breaking, you can be expelled.

Welcome to reality. There are always consequences to your actions. Your legal rights are not carte blanche to be an asshat with no possible repercussions.

Those were just examples of things I read being wished on the kid in this thread. As for him violating policies, I'd hold off that generalization without knowing the particular policies of the university. I'd say based on the outcome it's fair to say it was the dorm police and not the student in violation of those. So we have dorm police apparently breaking their own policies attempting to invade the private space of a student without authority, while making baseless threats and physically contacting the student, yet there should be consequences for the student over words he used? Thankfully that is not reality.

[Endus]

Those were just examples of things I read being wished on the kid in this thread. As for him violating policies, I'd hold off that generalization without knowing the particular policies of the university. I'd say based on the outcome it's fair to say it was the dorm police and not the student in violation of those. So we have dorm police apparently breaking their own policies attempting to invade the private space of a student without authority, while making baseless threats and physically contacting the student, yet there should be consequences for the student over words he used? Thankfully that is not reality.

The policies were posted multiple times. The ONLY time the officers broke university policy was when they laid hands on the student to push him out of the way. They had full authority to enter the dorm room, and the student was in the wrong to bar them. It's pretty crystal clear in the policy, if you'd bothered to read it. If they suspect there's a breach of dorm rules, they have the right to enter to investigate, period.

And the threats weren't baseless; the student can and may still be expelled over this, as his conduct and barring their entry were against the rules.

It's very simple, and I'm not sure where you're coming from, unless you're under the same mistaken impression as others earlier in the thread that the first and fourth amendments to the US Constitution are in any way applicable. Because they aren't. Those ONLY apply to government officials. Private institutions are under zero obligation to allow "free speech" on their premises. Nor are you protected against searches on private property. If you don't want to consent to the search, your option is to leave those private premises. This may mean consenting to expulsion, or getting fired from your job. That's your choice to make. It doesn't make the search in any way illegal.

This is why employers can search employee lockers and such without a warrant. Because they aren't in any way affected by the Fourth Amendment, which only protects you against unlawful search and seizure by the government and its officials.

[Sivick]

probable cause

[Rusken]

Major props to the security for not breaking his nose, legs and several other bones. Kid's a dick and doesn't deserve to be in University, he's not gonna do shit with his diplomas.

[Redlokyldoreifanggore]

Some of these responses make my head hurt. This kid should have his rights violated, be arrested, kicked out of school, etc. because you don't like his attitude?

No, he should be punished for breaking the contract of his open door policy, which he signed in order to get that dorm room. He has no more privacy rights than any of the other residents. The only illegal action by the cop was pushing the punk out of the way, other than that the police or campus officials or w/e had every right to search his room.

I know for my fraternity house that if a cop demands to investigate someone's room, then we have to let them. Simple as that.

[Jaxsz]

No, he should be punished for breaking the contract of his open door policy, which he signed in order to get that dorm room. He has no more privacy rights than any of the other residents. The only illegal action by the cop was pushing the punk out of the way, other than that the police or campus officials or w/e had every right to search his room.

I know for my fraternity house that if a cop demands to investigate someone's room, then we have to let them. Simple as that.

This. Anyone that thinks he was "standing up for his rights" is an actual retard.

[Powerogue]

Decide what? WE have NO background information at all to base any assumptions on. Plus he was verbally abusing the officers which IS a crime.

Also, they were not Police at all. They were university security.

That could change things. Now the question turns to are university security allowed to barge into dorms without consent?

If this is the video I think it is (I'm on my phone), they are allowed in because they are campus administrators. You know that all of those agreements you sign, you should read them. It also wouldn't be hard for them to come back with a probable cause argument. The kid is a douche and the guy who lost his cool was let go.

If the school doesn't kick him out I don't see him graduating.

which sounds like a resounding yes.

[Decagon]

Can't the police (too lazy to watch the video) search anyone as long as they have belief that something illegal is going on?

[Annapolis]

Expel people not based on their academics, in a place where they are to learn, but on maturity? Also it seems they may have already been at his door and he knew it.

Usually at colleges you are required to read a student handbook and sign something that says you agree to it. You clearly have no idea what you're talking about.

http://www.uky.edu/StudentAffairs/Code/part1.html

8. Punishable disciplinary offenses include, but are not limited to, the following:

c. Disorderly, abusive, drunken, violent or excessively noisy behavior or expression.
f. Failure to comply with directions of University officials acting in the performance of their duties.
o. Harassing anyone present on University property.


Clearly disorderly conduct, verbal harassment, and failure to comply with university officials are all punishable at UKY and it's the same at any other university. You are expected to meet certain standards as a student. You think you can just go up to all of your professors and the administration and call them names and have no repercussions? Where did you hear something that made you think this?

[Foosha]

probable cause

Cool term drop there, too bad it's the wrong one.

They searched his room on reasonable suspicion, maybe even lower (not all the details were given in the video ofcourse). Now, is that against the constitution? Most likely, even if there's something in a "contract", illegal searches are still illegal even though you signed something. If I signed a contract from the president allowing me to commit fraud, it means shit as it's against the constitution.

It gets pretty gray here...there was a ruling long ago about search and seizure of personal property. But this was in a high school mind you, and this was only on the person/in the lockers. Seeing as this is a university setting, and everyone is over 18 (most likely), they probably need to have probable cause to search/seize, which the "campus administrators" didn't have (cool tidbit, real, sworn in campus police officers have a state wide jurisdiction).

Does that stop them? No, when they do stuff like this they get a slap on the wrist, and anything found is most likely inadmissible. They get to keep the drugs/whatever, and you don't, so they are happy.

Oh and the question about uni security, any school official conducting a search/seize is considered a state officer. BUT, this was ruled on a public high school. Big difference from a university, in my opinion, the search was illegal (as are a lot of them), but they dont give two fucks.

[Deleted]

Teenager high on glue swears at rentacops.

More at 11.

[semaphore]

The policies were posted multiple times. The ONLY time the officers broke university policy was when they laid hands on the student to push him out of the way. They had full authority to enter the dorm room, and the student was in the wrong to bar them.

Actually they broke university policy when they searched the room. They have the right to enter if the student did not open the door upon demand, but this does not extend to searching the room.

Authorization to enter a student's room under this policy does not constitute authorization to conduct a search of the room.

[Flutterguy]

I love the entitlement attitude of college kids these days. And seriously. You can hate cops, security guards, whatever all you want, but don't be a dumbass and tell the guy to suck dick. That's just not smart in general when the dude has a taser, a nightstick or something else he can hurt you with.

[PizzaSHARK]

This is why employers can search employee lockers and such without a warrant. Because they aren't in any way affected by the Fourth Amendment, which only protects you against unlawful search and seizure by the government and its officials.

How would this work for government employees, such as USPS employees? Never worked for the postal service, but if they had employee lockers, would they be allowed to search the lockers without a warrant, even though the USPS is a government agency?

[Purlina]

Major props to the security for not breaking his nose, legs and several other bones. Kid's a dick and doesn't deserve to be in University, he's not gonna do shit with his diplomas.

That would be a big mistake. They are security, not mob enforcers....

[Lazuli]

I always love WNYIRISHGUYs thread, always full of conspiracy and paranoia. On topic, that guy was abusive to the police, thats an arrestable offence. They were inquiring, he was rude then baited them. From what we can hear in the video the police started very politely, that guy was a dick from the very start.

Agree'd. Not sure why they got fired.

[Endus]

Agree'd. Not sure why they got fired.

They shoved the kid out of the way, which was probably outside their prerogative. If he was physically barring entry, standard procedure was probably to return to the office and start the paperwork to expel him.

Which would be even worse for the kid, of course, but this isn't about whether the kid was in the right (he wasn't, and he was amazingly stupid and misinformed), it's about whether the officers exceeded their bounds.

[semaphore]

They shoved the kid out of the way, which was probably outside their prerogative.

Or because they searched his room without permission, which they did not have authorisation for.

[Deleted]

Sure. He was being a douche. He knew his rights though, and defended them. Cops could definitely have handled the speaking better than they did as well, though. Could at least have been polite.