A REVIEW OF THE APPLICABILITY OF THE FOURTH AMENDMENT, THE EXCLUSIONARY RULE, AND THE LEGAL RELATIONSHIP BETWEEN STUDENTS AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION TO RESIDENCE HALL SEARCH AND SEIZURE CASE LAW.

摘要

Purpose. The purpose of this study was to investigate the current status of search and seizure case law in private college or university residence halls. To accomplish this purpose, a review of the legal literature and pertinent court cases was undertaken. Major concepts and theories were analyzed which aid in defining the legal relationship of students with academic institutions and officials. Based on the conclusions of this study, recommendations were developed which can be used by private college administrators in formulating policies for implementing legal search and seizure procedures for the residence halls at their institutions.; Procedure. This study was primarily as case law approach. In addition to a review of pertinent cases, the study provided historical and theoretical perspectives to support and illustrate case opinions and to assist in analyzing legal developments.; The standard procedure for legal research was used to identify the general principles which relate to the subject and to locate the relevant cases. Each of the relevant cases was examined to determine its applicability to the study and, if selected, was included according to the pertinent areas of the study.; Conclusions. As a result of this study, the following conclusions were made: (1) A resident private college student is protected by the Fourth Amendment against illegal searches and seizures by governmental authorities investigating suspected criminal activity. (2) Students at private colleges are not provided the same constitutional protections as public college students unless "state action" can be proven to exist. (3) Private college students are considered to be under contract to the institution and are expected to abide by all reasonable regulations. (4) Administrators at private colleges have generally been found by the courts not to be subject to Fourth Amendment constraints. They are private persons whose actions are not usually considered to be actions of the state. Therefore, evidence seized during searches of private college residence hall rooms by college officials without a warrant would likely not be subject to the exclusionary rule and could legally be provided to police authorities for criminal prosecution if the police had no involvement in the search.