Public Education and Student Privacy: Application of the Fourth Amendment to Dormitories at Public Colleges and Universities

Bryan R. Lemons Mr., College of Coastal Georgia

Abstract

This article discusses the application of the Fourth Amendment to searches of dormitories at public colleges and universities. It begins by providing a general introduction to the Fourth Amendment, as well as the concept of a “reasonable expectation of privacy,” before looking at whether students living in on-campus residential facilities have such reasonable expectations of privacy both in their individual rooms and in the building’s common areas. The article discusses searches by Resident Assistants, and explores the conflict between courts on whether to categorize such searches as private in nature. Additionally, four (4) exceptions to the search warrant requirement are examined relative to their application in a dormitory setting, in order to determine the Constitutional standards that must be met in each instance: (a) consent; (b) plain view; (3) searches incident to arrest; and (4) exigent circumstances. As part of the discussion on consensual searches, the issue of third-party consent by roommates or the institution is discussed. Finally, searches conducted pursuant to housing agreements are also analyzed, and the applicable legal standards provided.