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What the fuck are my rights. po9 keep fucking up my week
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this is pissing me off. do i ahve to let them into my dorm room? he comes by the room around 12 saying that it smells like marijuana. i was in bed, about to sleep, my roomate was doing his homework, we had just smoked a bowl. my other suite mate opened the door and yada yada po9 says it smells like weed, my suitemate says he doesnt know anything about it. and he comes and wakes me up. i got out of bed and this sneaky bastard is like can we just bring it into this main room to talk so we arent in the hallway. sure. nothing bad in the first room. so hes talking and he asks to open our fridge. i say no. my roomate says yes. 2 handles. two forties. beers. he asks to search the room. roomates again say yes. dumb. they all get fucked. i hid my shit while he was in the other room so just lost my ammoless airsoft gun.and he was just opening a drawer away from find my zip. pisses me off though cuz no more partying in the dorm.Â
SOOOOO my question is... can i straight up deny him from searching my stuff? what happens then? they always start threatening shit. I wanna know what i can do and i cant fuckin find information online and this is my second offense with school and shits not looking up.
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Yeah man you can tell him straight up no, and unless he has a warrant or a justifiable suspicion he can't come in. Though you were basically fucked when he found the booze in the fridge.
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i know im sayin what happens when i say "no you cant look in the fridge"
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Nothing, he can't look in the fridge unless you tell him he can, he has a warrant or a justifiable suspicion. But honestly i would have never let him into my room at all, that was a big mistake.
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well im pretty sure you are all wrong on this one. you are on school grounds in a school zone. if they smell marijuana which u said u were just smoking that gives them probable cause just like if you were in a car they can search your room without a warrant. everything is different when you are in dorms man they can do whatever they want. you didnt sign a lease and you dont have tenants rights your are simple pay to go to school and stay in there living facilities which you have to fallow rules to one of which is no smoking pot in your room. im sure it says somewhere in your policies that if they catch u smoking or smell smoke coming out of your room they can come in and search it.
get a fan turn it facing out the window smoke and blow it into that also put a towel under the door u wont get caught if u do it like that.
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if you just say no to searching or dont answer the door they cant come in, why do you think he had to ask you. If he was able to just come unlock the door and do anything he wanted he would have. No one can come into your room unless you give them permission. Thats why the RAs have to let you know when they are comming. You dont lose your rights cause you are in the dorms.
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dude if they smell weed in your dorm room they can come in your room. In your living contract you give up that right. In a dorm if they sit there and knock for 5 minutes they will unlock that shit and come in.
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Hey look, another example of people blaming the police for their own stupidity! ANY time you find the police at your door, whether you're doing anything wrong or not, step outside, close the door, and talk to them OUTSIDE.
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exactly right. but what it really comes down to because i could be wrong with i said before is what is in your living policy if it says they can come in if they smell pot then they can but its different for a lot of schools. i know at Penn State they cant just come in but i know at some schools u wave parts of your 4th amendment rights by signing your living policy
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Rental constitutes a chattel real which means that it's YOUR personal property, not the building owner's, as long as you're paying money for it. It doesn't matter if it says that in a lease agreement, just don't let the cops in. Let a court decide if a provision of a contract like that is enforceable, because it might not be. Just don't let them in.
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i dont think you even had to let him in..
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ya JD i understand what your sayin bro but its different when you are on school property in their dorm room. It depends what is in the schools campus living policy that u have. go to your RA get a copy read it and then tell us if it was legal or illegal either way didnt your dumb friend tell them they could come in so pretty much it doesnt matter in the end the kid is a dumbass for letting them in.
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Alternatively, put everything illegal in a backpack and have one of your friends wear it while the cops are around. He can't search your person without permission either. They could even put on the pack and leave.
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It's good they came in that time though and not like... when we were playing beruit and smoking bowls... thats the bright side of it.
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you need a sneaky new hidout for your shit! and some fa-breeze!
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haha wow you an adrian are having terrible luck this week
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your rights are rarely going to help you out once you've already gotten arrested, but they're great to keep yourself from getting arrested in the first place.
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pretty much dont smoke in your room if u arnt going to take the right precautions like setting up a fan or 2 blowing out the window so u can blow smoke right into the back of the fan and pooof its gone without a smell and put a towel under the door. some type of air freshener is not a bad idea either.
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usually I agree with you, but you are taking this too far.
you guys can all stop fucking speculating on the rules because I happen to know them, because I have dealt with these situations before. I have beaten the cops, and the last night of school, gotten busted by them.
the cops are allowed to search your room. if you refuse they will just go talk to the administration who will then give them permission. the best outcome of this is that they leave you unattended for a couple seconds so you can clean out some shit. but dont count on it, they arent stupid.
the cops actually need a warrant to search your fridge, at least in virginia. this is because if you are diabetic or something and they find your insulin, it is a violation of your privacy. so the fridge is supposed to be where you store all your shit. my advise to all you college-bound is GET A FUCKING ENORMOUS FRIDGE. cause you arent gonna be able to fit your brews and bong in a little one, and it will save your ass.
the only way to avoid a police search of your room is to know in advance that they are coming, leave your room, and lock the door. they cant do anything if you arent there.
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we take all these precations i just think we got a little overconfident and sloppy, but more than that i think he had heard something because we smoked one bowl and 40 minutes later a cop? weve smoked blunts and been fine. we have two rooms so the smokes gotta go out two doors so idk just seems like it wasnt the smell that brought him in the neighboorhood
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ya they might have heard something or the room above u called the po po
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Right... and I happen to be sitting in a law class right now. Would you like me to raise my hand and ask the prof what the answer is?
You would be absolutely shocked to determine how many provisions in lease agreements are used and referred to, but are utterly unenforceable. You would be equally surprised how hard it is to kick you out of your apartment if you refuse to just go. The owner needs a writ of possession to enforce an eviction. That takes, potentially, weeks. I'm serious: Lock your door. They cannot just come in. Any intrusion is a violation of your privacy as a matter of principle. They cannot even threaten you with eviction, you cannot obtain by undue influence a legitimate waiver of someone's privacy rights. It's not about rules, it's about how a court is going to see it. It's also a matter of how a disciplinary committee is going to see it, which is like gambling on how you spin it publicly. That's not a risk any officer wants to take it. No police officer will bust down your locked door without getting a warrant. It puts their career at risk.
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Just smoke in that James' kid's room now!!
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ew yeah. try being a girl around him. but we can take his alcohol so its cool.
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i think in college they're allowed to make a general search, but that's just entering the room and looking around. but if it's not open and observable i think you can tell them they can't look in there.
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Beyond the legal aspect of this, why the fuck do people smoke bowls in sketchy places without sploofs? There's absolutely no reason that your room should smell like anything other than dryer sheets. Smell from J's and Blunts is a fact of life, but theres no way to justify stanking up your room from a bowl.
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Also, if theres a decent window/fan set up your room should be smell free in a matter of minutes even without a sploof as long as you aren't an idiot.
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I'm not sure how it is for colleges, but for high schools and such you lose all rights the second you step foot on the campus. I know if you get stopped around campus (sidewalks, streets, etc.) you have the same rights as a normal citizen, school buildings (read: dorms) may be a different story though. If you do have rights, don't consent to a search unless they actually see something (and even then use your judgment), and advise those dumbass suitemates of yours to do the same haha. Good luck dude.
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You should all come up with a plan... like what you're gonna say. It's really annoying when 3 of you say no to the police officer and your one other buddy says yes and makes a dumbass move
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easy man. ive mastered smoking in my room. thats what boarding school teaches. its these roomates that are alawys going in and out tthat get the airflow all fucked up
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and ive begun to see it as almost a blessing, this will cut down the dope smoke intake by more than half.
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sploof? maaan thats a hufflebuster! or a flufflehuster, it changes the higher you get.
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Yes you have the right to say no, If he says, "I smell marijuana, let me in" then you must abide. He can only search if he has justifiable suspicion or a warrent. You did not have to let him in your fridge or other rooms unless he does not ask but tells you with a reason. You can definitly fight this judgement if your willing to hire a lawyer, because technically he smelled weed and did not find it but found an airsoft gun and alcohol instead. But still, your friends said yes. But I'm not a lawyer so don't ask me- try yahoo answers or go to a bookstore and they have books on stuff like this
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first mistake was letting them in. tell em they need a warrant. other than that they can only talk to you.
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prolly wrong
so go peep yours schools website or look at your lease agreement cuz school police i am pretty sure can come into your room whenever they want but check your lease for sure
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University dorm rooms are property of the university and thus can be searched without your consent due to you not owning it. live off campus if you want to smoke in your room. Or just not smoke in your room.
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this kid seems to be ontop of things, i would listen to him
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YES. this is the single best advice anyone has every said. however, it seems like everyone has to learn this the hard way.
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I read the first three posts about this suspicion stuff and it left me wondering, isn't the smell all they need right there?
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ur right...
JD, u are absolutely correct with property like an apartment, but its a school dorm, he lives on school property, so all those rights are taken away. if it was ur own apartment, then ur right, but if its schools then they can do it, and like some1 said, all the cops need to do is ask the administration if they can go in which they wont have a prob with cause the po were called by them in the first place. just like in hs if u have a locker and they smell weed, they can open up every single locker if they want to, its their property. also, if u had it in a backpack in ur possession, its kinda hard to tell whether they could search it. i would say that if they found some other stuff, then yeah they could search it cause they deff have probable cause and ur on school grounds and possibly/are violating rules if they already found other stuff, and u could technically get arrested and get a violation where they would need to search you because of u gettin arrested, which they could do just so they could look in the bag. if they havn't found anything then i dont think they can unless like i said, ur gettin arrested.
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Nope, for dorms it's probably different but if you get pulled over smelling only gives them the rights to try and convince you they can search the car and call in dogs to get probable cause for a warrant. And to whoever said to use a vape, listen to him. They'll save your ass in dorms.
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if ur pulled over smelling they can actually search ur whole car. smelling weed is a probable cause and they can search ur whole car because its within reach, that includes ur glovebox and trunk. if u aren't in ur car and things arent in plain view then no, they cant do it.-straight from my mad smart american govt teacher with a law degree
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im pretty sure since/if its school property they can do whatever they want, but when it smells like buds thats reasonable suspicion, thats how people get their cars searched.
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Do you have a lock on your door? Lock it. Then they can't "go in" without breaking it down. It doesn't matter who your landlord is, an apartment building owner or a school, the principles are the same. It's not just like a locker in high school because you have a contract with the dormitories and you pay money to stay there. That's what makes it yours, and that's why the same principles apply. I don't understand this "if they ask the administration they can go in" business. If you bar their entry, then no, they cannot go in. This is not interfering with police action, it is asserting your rights against search and seizure without a warrant. So if someone tells you they can go into your castle, tell them, fuck no, show me a warrant. If they say they don't need one, tell them to show you the court order that says they don't. If they produce nothing, don't let them in. That's all there is to it.
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Pretty much. Any search of something you have legal rights to (eg, a backpack, your locker, your dorm, your apartment) is pretty much not allowed if you do not consent. Your roommate was a dipshit, be angry at him for agreeing to searches instead of the cops. And by the way, I do have to point out, your average university police is going to be much more of a douchebag than your average cop, its got to be from dealing with our age group or something.
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I really don't think so... I've had many officers tell me they can smell weed and I still refuse to let them search the car. None of them have done anything about it except threaten to bring in dogs so they could get a warrant and/or keep trying to convince me to let them in. Even when they found a really tiny nugget (so it didn't really smell on its own) and the cigarette box it was in clearly reeked of weed he said he would have to go down to the station and have it tested before he could get a warrant. Maybe I've just gotten really stupid officers, but my own experience tells me this is false.
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Forgot to mention last post that I think probable cause only works if the police officer sees like a pipe, or a legitimate bag, something that isn't really disputable.
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i donno how the cops are at your school...but at my school they were local cops that got put on shitty college duty, so they were always in a bad mood anyway...and they could arrest you. but i know even the resident director and the dean of resident life wasnt allowed to touch anything in our rooms. they could come in but if it wasnt in plain sight they couldnt do anything. i could have a dog in a crate under a blanket and the dog could be barking and if they couldnt see it they couldnt do ne thing. so im asumming the same went for cops. cuz whenever the fire alarm would go off everyone would cover everything because then they couldnt do anything
you should pull out your student handbook and read up...and maybe call res life and ask if you can get a copy of the contract you signed cuz you wanna really read it. and see what it says...you might get more info from that cuz every school is different.
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is this true? he let you go without searching your car? this wouldve saved my ass this summer...except my buddy was retarded and didnt hide his 40 in the back
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