Probable cause and home entry..

[JiNN_kAi]

I've got a rather specific question: what is required for a police officer to enter a home (or a dormitory?)..

I recently read a police report where the officer stated that a University security guard (not PO) had contacted him and said he suspected there was a party in a room in the University Dorms.

He went to the door and when no one replied to his knock he contacted a Resident Assistant who came to the room. Now, if a person were to open the door and converse with the officer and nothing that would create probable cause (firearms, alcohol, etc.) were visible, could the officer enter without permission? I've always thought the answer to this was no, but is it complicated by the RA? The RAs are somehow (unsure how) able to unlock and enter the dormitory rooms at any time they wish, but would the LEO be able to follow them into the actual premises?

Thanks..

Also, would the fact that the University dorms are on Colorado State property have any bearing on this situation (i.e., not personal home)... ?

[DeputyMadMax]

Also, would the fact that the University dorms are on Colorado State property have any bearing on this situation (i.e., not personal home)... ?

It could. What did you sign on your contract? Check that fine print, it may have a clause in there that lets them enter if they suspect a party (or other illegal acts, or violations of campus policy) is taking place.

Even in a dorm room you have an expectation of privacy, but maybe you signed that away. Although I'm not sure that would hold up in court.

[mcsap]

This can vary by state, you need a Colorado person like 121Traffic to answer.

[121Traffic]

I suspect that when you moved into the dorms down there in the springs, you signed some waivers. A clause on those probably said that the RA has a right to enter a dorm room to ensure campus policies are enforced, yada yada. Here is the kicker though...the police might run into a 4th Amendment quagmire since the RA was acting in a de facto capacity as an agent of the state. What that means is, if the RA had a reason to believe something was up, he might be okay to enter. But usually cops (and there is case law on this somewhere I am sure) run into problems when they ask other people to do stuff for them that they are constitutionally prohibited from doing. For example...a doper gets mad at his dealer and decides to get even. He breaks into the house and he takes some photos of manufacturing setups and other parapharnelia. He turns the photos over to the cops who in turn get a search warrant. Okay, fine. Now instead, the cops TELL the doper to break in to take those pictures. No way, no how are you going to be okay on the 4th amendment here...doper was acting on behalf of the state, and since an agent of the state had no right to be in the house, thus violating the 4th amendment, you will be in some hot water if you were somehow able to get some judge to sign that warrant affadavit. Defense would have a field day in Motions with that scenario.

We need more info here to tell you what is what. PM me if you don't feel comfortable with the details here...

[121Traffic]

Forgot to add, it also may matter if there was an actual municipal noise ordnance bing violated, or just a University policy of no parties.

[99TAC]

Yup, university residences differ from a regular home. The RA may enter your room for various reasons that the police may not. As stated, there is usually something in the room contract or student handbook which outlines this.