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| College Students Legal Resource CenterJuly 1, 2010 - New Cell Phone Texting Ban: Click to see a discussion of the new Ban on Texting When Driving.
A criminal conviction can ruin your school choices, career, and financial aid. The law no longer gives college students a break. A student has the most to lose of anyone, as they have their whole lives ahead of them. Life as a college student is both hectic and difficult under the best circumstances. You are away from family and loved ones, in an environment that places high demands on your time. You must balance schoolwork, friends, job, and perhaps a social life just like a high wire trapeze act. Legal trouble can upset this delicate balance, and being investigated or accused of a criminal charge is scary. Understand and know your legal rights. Knowledge is power. Be proactive in potentially tricky and incriminating situations. If you are being investigated, it is important to watch what you say to the police, as your words will convict you, or worse what the cop thought you said will be used to convict you! Most police interviews are not taped (wonder why?) We have seen it over and over, where students are convicted by their own words -- usually because they think the law will go easier on them if they 'fessed up.' WRONG! Here are some basic skills and guidelines that will hopefully provide you with a preliminary understanding of the legal system and the legal rights that you did not abandon at the schoolhouse doors. Index to Topics on This Page:Ø Your Rights in Campus Housing: Search and Seizure Issues. Ø Your Fifth Amendment Right against Self-Incrimination. Ø First Time Offenders: MIP and Drug Crimes, Diversion Programs, Youthful Offenders, Trainee Status. Ø Sex with a Fellow Student and Sexual Accusations. Ø What to do at Your First Court Appearance.
Other pages:Search and Seizure Issues on Campus."The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" -- Fourth Amendment to the United States Constitution The 4th Amendment states that people, including college students, have the right to be free from unreasonable searches and seizures in their homes. Courts have determined that a college dorm room or campus apartment is a student's 'home', and thus it is also constitutionally protected and must be free from unreasonable search and seizures. Just because you moved into a college dorm room does not mean you lose your constitutional rights. Although you have a reasonable expectation of privacy in your dorm room, there are some situations where a warrantless search by a college or university Administrator or Resident Assistant is permitted. What this means is: college administrators can enter your dorm room or college owned apartment without a warrant! These situations fall into five main categories:
1. Educational Mission. A search of a dorm room in furtherance of an educational mission can allow a college administrator to potentially gain entrance to your dorm room without a warrant. Colleges and universities often state many situations that qualify as an 'educational mission". For example, Western Michigan University and Calvin College state in their student handbooks that compliance with the Student Code of Conduct is an ''educational mission.' You should familiarize yourself with your college or university's Student Code of Conduct and Educational Mission so that you can try to avoid warrantless entry into your dorm room and potential legal problems. 2. Contractual Agreements. When you filled out paperwork to live in student housing, your college or university likely required you to sign a rental agreement or lease. For example, Aquinas College reserves the right to have authorized college persons enter student rooms at any time for maintenance and repair purposes, when necessary to check on the health and safety of residents, or to check for suspected violations of Aquinas College's housing regulations in its Housing Contract. The Grand Valley State University Residential Handbook does the same. So long as the contractual clauses are reasonably construed and reasonably acted on they are legally valid. When you signed the housing agreement and agreed to these terms, you contractually agreed to allow the college and university personnel access to your dorm room or apartment under those specific circumstances. However, you did not waive your Fourth Amendment rights nor consent to a warrantless entry by law enforcement or police (not to be confused with college RA's or campus security) nor did you agree to a search of your dorm room that exceeds the scope of the housing agreement. 3. Health, Safety, and Emergencies. Universities and colleges are permitted to enter (and search) your dorm room or apartment to protect a student's health and safety. If for example the smell of marijuana is emanating out from under your dorm room door, a college RA or college personnel can enter your room without a warrant. 4. Private Colleges and Universities. Without knowing it, you may have severely limited your legal rights by your choice of where to go to school. Most administrators at public universities, such as Grand Valley State University, Western Michigan University and Ferris State, are held to the same high standard as police officers when conducting a search of university dorm rooms or apartments. A private college like Calvin College, Aquinas College, or Cornerstone University are able to greatly limit your rights in student housing. Since the institution is not public, administrators have much more leeway in entering your dorm room or campus housing, and you can get in trouble for whatever contraband they find when they enter your room ostensibly to 'check the heater.' Unlike public universities, private school administrators or those acting on their behalf can search your room to uphold the Student Code of Conduct that you agreed to and signed when you decided to attend that college. Typically, private colleges and universities have strict Codes of Student Conduct that can apply even when you are not on campus property or campus housing. You should read and know what is expected of you by your college by reviewing your student code of conduct booklet. 5. Consent. The quickest and easiest way a university administrator or the Police can enter your dorm room is if you permit them entry. This is also called 'consent.' If you are the occupant of your dorm room and have the authority to allow someone to come into your room to 'look around' or to 'talk with you for a minute,' you just gave consent for them to enter your dorm room without a warrant and without any justification whatsoever. You should be aware that you are not obligated to allow the police into your dorm room. Either do not open the door or instead talk to them through the door. If you would like to read more about the issue of consent, then see the link on this page where we discuss further legal issues relating to consent. State and Local Police. The Police must abide by the U.S. Constitutional constraints (limitations) when conducting a search and seizure. The police cannot use your housing contract or the Code of Student Conduct to justify their actions and bypass your constitutional rights. College administrators and your Resident Assistant (RA) or Campus Housing Director get their power from the contracts you sign with the college. However, be aware that your college or university cannot 'share' this contractual power with the Police to assist them in violating your Fourth Amendment rights. Your RA is not a police officer. He/she has no right to enter your room without consent or a valid reason. Do not let nosy RA's or resident hall administrators ruin your college experience and career. Get legal advice if you think your Fourth Amendment rights have been violated. Fifth Amendment Right Against Self-Incrimination."No person...shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law..." (Excerpt from The Fifth Amendment to the United States Constitution) A college student who is a long way from home and without family nearby will often panic if they are being questioned by a police officer or accused of a crime. Do not panic! Instead, keep your mouth tightly shut and exercise your Fifth Amendment right against self-incrimination! You have an absolute Right to Remain Silent! The cops mean it when they tell you: "anything you say can and will be used against you in a court of law." Count on whatever you say being used against you; we have seen it over and over in case after case. Simply identify yourself and provide an ID when asked, and then keep quiet. Politely and firmly advise the Police that you have nothing to say without an attorney present. If they persist with questions, again remind them you have nothing to say without an attorney present. If they threaten to arrest you if you don't talk then hold out your wrists! This is often a Police bluff that gets most college students talking -- as they fear being arrested. While being arrested is not a pleasant experience, you probably won't be arrested and more importantly, your legal case will be vastly better, since the Police will not your 'confession.' Too often we are told about how a Police officer said that 'he would put in a good word with the judge (or prosecutor)' or that 'it will go better for you if you tell the truth' or some other illusory promise such as this. In case after case that we have handled, we have not yet seen where this promise was true. What usually happens is the exact opposite. These vague promises are NOT enforceable and are meaningless; just windmill arms swinging through empty dangerous air. Do not be a Don Quixote and fall for this ruse. Remain Silent! First Offenders, Diversion, and Youthful Offenders.Thankfully, there is still some sense among those who make the criminal laws in this state. There are special sections and unique provisions for youthful offenders (under age of 21). In addition, there are laws that specifically allow diversion programs for first time Minor in Possession (MIP) cases and first time drug offender crimes, such as possession of marijuana or use of marijuana. Some district courts will even allow a first offense indecent exposure to be placed on a deferral type program. A first offender diversion program typically places you on probation for six months to a year. If you successfully complete all of the terms of probation and pay the fines and court costs, you will end up without a criminal record. But these first offender programs are not just handed out like candy. Some courts, such as the district court in Hudsonville, does not offer an MIP first offender status. See our Minor in Possession Page for more information about this criminal charge and how an attorney can help you. Click on this link to read more about your Miranda warnings and when they must be given. You will be surprised. Sex with Another Student and Sexual Allegations.If you are accused of a sex crime with a fellow student, please see our Sex Crimes page BEFORE you speak to anyone (even your roommate)! Do not make the mistake of thinking that talking with the police will improve the situation, typically it makes it worse. Remember, that what you say, or what the cop thought you said, WILL be used against you. If you are facing an indecent exposure or lewd conduct charge, read more: Indecent Exposure. Do Not go alone - You Will Lose.Here is why we think you should hire an attorney: A student with zero (Ø) experience in the legal system that represents themselves is much like a person playing a game of chess -- except: (a) you are playing a Grand Master; (b) you do not know the rules; and (c) you are blindfolded! Overstated? Perhaps...and then again maybe not. Call us. We can help. Your First Court Appearance.If you are being investigated or have been charged with a crime you need immediate advice from an experienced criminal defense attorney. Plead Not Guilty at your first court appearance! And then, contact Defense Attorney Bruce Block of Grand Rapids, Michigan to represent you at (616) 458-8585. Attorney Block has helped hundreds of college students from Hope, Calvin, Aquinas, Grand Valley, and other colleges and universities throughout Western Michigan. He takes the time to thoroughly research, review and prepare each case. Note: We created this College Students Legal Resource Page for college students. We intend to continue adding relevant information to real issues faced by college students today. Email any suggestions to add to this page. Located on the corner of Cascade Rd. and Kenmoor Ave., east of I-96, six miles from the Kent County Courthouse. Bruce Alan Block, PLC represents clients in Grand Rapids, Michigan, and West Michigan communities of Ada, East Grand Rapids, Kentwood, Cascade, Wyoming, Byron Center, Wyoming, Caledonia, Cascade, Rockford, Holland, Grand Haven, Grandville, Kent County, Ottawa County, Muskegon County, Barry County, Ionia County, Newaygo, Montcalm, and Allegan County. We represent students from Calvin College, Aquinas, Grand Valley State, Cornerstone, Grand Rapids Community College, and Michigan State University. |
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Bruce Alan Block, PLC
Attorney and Counselor at
Law Home Page || Law Firm Overview || Medical Marijuana || Indecent Exposure || Drug Offenses || Contact Us The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for personalized advice regarding your individual situation. Copyright © 2010 Bruce Alan Block, PLC. All rights reserved. No claim as to government or other private works. You may reproduce materials at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. Requests to reproduce any content should be made in writing to the above. |
