Upon hearing this, the student feels that their privacy rights have been violated. How it works is that, here again. This comes up all the times in my class. And to everybody out there you have the best blog it is grahamlawyerblog.
This is referred to as Privity of contract. Really when it comes to searches of dorm rooms two things are really relevant: Stay tuned to know what every parent and college student should know.
A lot of times people think link they can just click delete and the email will be gone and that is just really not true, because nothing is ever really gone in an email or on a computer.
A major reason for this is your limited financial means. But when they start investigating marijuana, underage drinking, something like that then they really have to have a warrant, and I think the case law is pretty clear on that in just about all fifty states.
That dorm is a private area, it is where you live, it is where you keep your private effects and so that means you are protected by the fourth amendment against any sort of government intrusion.
The police are allowed, in most states, to go on their hands and knees and really sniff right at the bottom of the dorm room door and that is kind of the grounds for the warrant, so your R.
Well I think, once they kind of get their foot in the door, at that point really the whole room is in plain view and plain view is what we call in courts when an officer sees something that he or she identifies as contraband. You want to make it clear that you are not consenting to a search, and you also have the right to exercise your right to remain silent and that is kind of and important thing.
Right, now I know that Boston College and many other private universities are governed by private housing contracts which student sign when they go to school, in the beginning of school when it is busy. That can be really incriminating, I have had cases at the universities up here in the northwest where people have had their emails retrieved after a search warrant and it can be very incriminating evidence.
You could be out the door so it is best to just not fall for that if you put it bluntly I guess.
However there is no specific provision in the Act which either for or against the Doctrine of Privity of Contact. I do, you know that is a super common scenario really in the Northwest probably all over and kids, young adults probably put a towel there kind of blocking the odor but then they can see the towel and they get on their hands and feet with a flashlight.
Then, at that point, they get their foot in the door literally and they say that looks like a beer bottle cap or that looks like a little flake of marijuana on the floor and before you know it there is a warrant and then they are kind of searching your whole room.Imagine that you are a sophomore at Premier College, living in RoomGraham Dormitory complex,University Road, Metropolis, West Virginia.
The college requires you to maintain current medical and vaccination records as proof of your physical health. The Doctrine of Privity of Contract under English Law.
The doctrine of “Privity of Contract” which means that a contract is a contract between the parties only and no stranger to the contract can sue even if the contract is avowedly made for his benefit. Graham & Graham Co., L.P.A. engages in the general practice of law but the firm is primarily focused in civil litigation at both state and federal court levels, with an emphasis on complex Personal Injury, Social Security Disability, Workers’ Compensation, and Oil and Gas law.
Atlanta attorney Jason W. Graham, co-founder of Graham & Jensen, LLP (ultimedescente.com), is the Chief Operating Officer and an owner with the SynerG Law Complex: “When I left a larger established law firm ten years ago to form my own law firm, I quickly learned that I knew next to nothing about the business of hanging a shingle.
She is a former prosecutor, legal thriller author, and law professor. Tune in as Margaret discusses all aspects of criminal law in sensational trials, with the help of real federal agents, undercover cops, private investigators, lawyers and even judges.
Rob Graham joined Mills Paskert Divers in and practices in the area of commercial litigation, with concentrations in construction and suretyship law. Prior to joining the firm, Rob worked as an Assistant State Attorney in the State Attorney’s Office in Jacksonville, Florida.
There, Rob served in the felony division and prosecuted hundreds of cases, gaining significant litigation experience.Download