The Journal of College and University Student Housing - Volume 44, No. 3 - 66

Richard Fossey

. . . public university officials may
conduct warrantless searches
of students' dormitory rooms
without a warrant if university
policies or housing contracts
give the university the right
to inspect student rooms, and
searches are conducted pursuant
to the university's responsibility
to maintain a safe and orderly
educational environment .

mitory inhabited mostly by varsity athletes. a
football coach, custodian, and university police
officer accompanied the housing director
during the search.
after waiving his miranda rights and confessing to the theft, hunter was charged with
a criminal misdemeanor. in the criminal
proceedings, hunter sought to suppress his
confession and the evidence taken from his
dormitory room on the grounds that university
officials searched his room without a warrant
in violation of the fourth amendment. a trial
court agreed with hunter and suppressed both
hunter's confession and the stolen sign and
banner.
on appeal, a utah appellate court reversed
the trial court, ruling that hunter's confession
and the seized sign and banner could be admitted into evidence. the court noted that hunter

had signed a housing contract in which the
university reserved "the right to enter and
inspect residence hall rooms at any time" (p.
1037). searches would be conducted, the contract stated, whenever necessary "to protect
and maintain the property of the university,
the health and safety of its students, or whenever necessary to aid the basic responsibility
of the university regarding discipline and the
maintenance of an educational atmosphere"
(p. 1037).
in the appellate court's view, the university
had a responsibility to maintain "a safe and
proper educational environment" and that
the search of hunter's room was reasonable
(p. 1036); therefore, the search of hunter's
residence-hall room did not violate the fourth
amendment.
in ruling against hunter, the court emphasized that university officials had not entered
hunter's room at the behest of the police or as
part of a joint criminal investigation. although
a university police officer participated in the
search, the court concluded his presence was
solely "to provide assistance in the event that
[the housing director] confronted problems he
was not able to handle on his own" (p. 1,038).
in the court's view, the search did not circumvent the fourth amendment's restrictions on
police actions.
Hunter indicates public university officials
may conduct warrantless searches of students'
dormitory rooms without a warrant if university policies or housing contracts give the
university the right to inspect student rooms,
and searches are conducted pursuant to the
university's responsibility to maintain a safe
and orderly educational environment. on the

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The Journal of College and University Student Housing - Volume 44, No. 3

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