Right of Entry/Search and Seizure

Policy 404

1 Introduction

1.1 Background and Purposes

Attendance at Appalachian State University is a voluntary decision to join the University community. In making this decision, students assume the responsibility to know and abide by the policies, procedures, and rules which the community has identified as basic to its educational mission of developing in students intellect, character, and citizenship. Community living in a University residence hall is one of the means the University uses to fulfill its educational mission. Residence hall living is an extension of the instructional goals of the institution and is intended to be a laboratory for group living through which students should acquire skills and educational experiences consistent with the mission of the University.

3 Definitions

3.1 Authorized University Personnel

• Full-time professional members of the Division of Student Development, excluding clerical personnel.
• Area coordinators, resident directors, and resident assistants.
• Full-time members of the Office of Residence Life and Housing who are responsible for management, maintenance and repair, administration, programming, discipline, or other residence life or housing functions.

4 Policy and Procedure Statements

4.1 University Staff

Other members of the University staff and contractors or their agents may enter student rooms under the conditions prescribed only when accompanied by authorized University personnel.

When it is necessary to enter a student's room to perform maintenance or repair services on behalf of the Housing Office when the occupants are not in, the authorized University employee or non-University contracted personnel will be accompanied by another University employee, if practicable.

When practicable, students will be informed of planned repair or maintenance work to assigned rooms and should be notified if entry is made in their absence.

Authorized University personnel may enter a resident's living quarters under circumstances explained in Section 1 above when they have cause to believe the residents' safety or health is in jeopardy, or when the residents may be unable to respond to a request to enter. Examples include, but are not limited to, smoke or the odor of smoke coming from a room; other noxious odors, the unaccounted for, prolonged absence of a resident of the living quarters prompting concern for him or her; or circumstances which would give rise to the belief that the resident may be incapacitated (such as might occur with a seizure, heart attack, injury, or drug overdose).

Room searches made under the conditions explained in Section 1 above when the occupants are believed to be present, there exists cause to believe a violation of University regulations is being or has been committed, and a delay could endanger the health or safety of the residents or result in the destruction of evidence of a violation, may be conducted under the procedures established in this policy. Resident assistants and resident directors may be called on to assist in a search.

4.2 Guidelines for entry into a residence hall room for the purpose of enforcing state, federal, or local law and related University policies

• Any person having reason to believe that a person in a residence hall room is committing or has committed a violation of law should report this suspicion to a member of the residence hall staff (resident assistant, hall director, area coordinator, etc.). The residence hall staff member will take steps to confirm the information, and if he/she believes a violation of law is occurring or has occurred, the person will contact the University Police Department. A University police officer or other law enforcement official, or a fire department official with jurisdiction, will control the means and method of investigation, including any search and seizure.
• The University police officer(s) will conduct the investigation, including any resulting search, seizure, referral to the Office of Student Judicial Affairs, or arrest, consistent with the applicable law governing such actions. In certain circumstances, consistent with governing law, an officer may conduct a search or take other appropriate action without a warrant.
• The University police officer will inform the student(s) of the purpose of the inquiry and attempt to determine whether the students are in violation of University policy or law. If the University Police conclude from their initial inquiry that their reasonable ground for suspicion is supported by sufficiently strong circumstances to conclude that it is more probable than not that University regulations or state or federal law are or were being violated, they will ask the students' voluntary consent to have the room searched for the purposes of seizing evidence of criminal misconduct or policy violation.
• The University police officer will inform the residents of the room who are present of the purpose of the search and the object(s) for which the search is being conducted.
• If either resident of the room consents to the search, the police officer shall search the entire room and any adjoining bathroom or other space.
• If there is no answer to the initial request to gain entry and there is a noxious odor or smoke emanating from the suspected room, the residence hall staff member or law enforcement officer will use a pass key to enter the room to determine the source of the noxious odor or smoke and shall extinguish the source for the health and safety of other inhabitants in the building. (Note: Residence hall policies prohibit any open flames such as candles.)
• If evidence of criminal misconduct is located in the search, the officer will take custody of said items and refer the occupant(s) of the room to the Office of Student Judicial Affairs for appropriate action under the Code of Student Conduct. At the officer's discretion, he or she may also arrest the occupant(s) and charge the occupant(s) with a violation(s) of law.

All evidence seized during searches may be used in University disciplinary hearings under the Code of Student Conduct or the Residence Life Intervention System.

9 Revision Dates

Last modified 04/30/2009 01:46:21 PM by Matt McNaney