The Journal of College and University Student Housing - Volume 44, No. 3 - 70

Richard Fossey

Although it is now well established
that college students have privacy
rights in their dormitory rooms
that are protected by the Fourth
Amendment, non-students do not
have such rights.

	 In	 Commonwealth v. Copney	 (2014),	 Massachusetts'	highest	court	ruled	that	a	non-student	has	no	privacy	expectation	in	a	dormitory	
room.	In	that	case,	Brittany	Smith,	a	Harvard	
student,	allowed	Jabrai	Jordan	Copney,	a	nonstudent,	 to	 reside	 in	 Smith's	 Harvard	 dorm	
room	over	a	period	of	several	months.	In	May	
2009,	 Copney	 was	 involved	 in	 a	 robbery	 that	
went	 awry,	 and	 Copney	 allegedly	 shot	 and	
killed	 a	 drug	 dealer,	 who	 was	 the	 intended	
victim	of	the	robbery,	as	the	dealer	attempted	
to	flee.	Spectators	saw	three	men	fleeing	from	
the	site	where	the	attempted	robbery	occurred,	
including	one	man	wearing	a	black	and	orange	
varsity	jacket.
	 Police	 quickly	 connected	 Smith	 to	 the	
robbery	 because	 the	 drug	 dealer's	 cell	 phone	
showed	he	had	called	Smith's	number	shortly	
before	the	robbery.	Fearing	Smith	might	be	in	
danger	(so	they	said),	state	and	local	police	officers	 entered	 Smith's	 dorm	 room	 without	 a	
warrant	and	found	a	black	and	orange	varsity	
jacket.	 The	 police	 posted	 a	 guard	 at	 Smith's	
room	 and	 returned	 with	 a	 warrant	 authorizing	 them	 to	 seize	 the	 jacket.	 At	 Copney's	
murder	trial,	the	black	and	orange	jacket	was	

70

admitted	 into	 evidence	 over	 Copney's	 objection.	Copney	was	convicted	of	murder	and	he	
appealed,	arguing	that	he	had	a	privacy	interest	in	Smith's	dorm	room	and	that	police	had	
entered	it	without	a	warrant	in	violation	of	the	
Fourth	Amendment.	
	 Massachusetts'	 highest	 court	 rejected	
Copney's	arguments	and	affirmed	his	conviction.	 Smith's	 right	 to	 allow	 Copney	 to	 reside	
in	Smith's	dorm	room	depended	upon	getting	
Harvard's	 permission,	 which	 she	 did	 not	
obtain.	 "Where	 the	 owner	 of	 the	 premises,	
Harvard,	expressly	forbade	the	type	of	use	and	
occupancy	 involved,	 [Copney]	 may	 not	 claim	
that	 his	 subjective	 expectation	 of	 privacy	 was	
objectively	reasonable."	(p.	410).	
	 Moreover,	 Copney's	 argument	 failed	 on	
two	 additional	 grounds.	 Even	 if	 Copney	 had	
an	 expectation	 of	 privacy	 over	 Smith's	 dorm	
room,	 he	 abandoned	 that	 right	 when	 he	 fled	
Massachusetts	for	New	York	after	the	robbery.	
"[Copney's]	departure	from	Massachusetts	was	
abrupt,"	 the	 court	 noted,	 "and	 he	 manifested	
no	intent	to	return	to	Massachusetts."	(p.	410).	
In	 addition,	 the	 court	 ruled	 the	 warrantless	
entry	 into	 Smith's	 room	 was	 justified	 under	
the	"emergency	aid"	exception	because	police	
reasonably	may	have	believed	that	Smith	could	
be	in	danger.

A University's "Special Needs"
May Justify a Warrantless Search
In	 addition	 to	 the	 authority	 to	 search	 that	
comes	from	university	regulations	or	studenthousing	 contracts,	 a	 university	 may	 justify	 a	
dormitory	 search	 based	 on	 "special	 needs"	
that	do	not	pertain	to	law	enforcement.	United
States v. Heckenkamp	 (2007),	 a	 Ninth	 Circuit	

T h e J o u r n a l o f C o l l e g e a n d U n i v e r s i t y St u d e n t H o u s i n g



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

Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 44, No. 3

Contents
The Journal of College and University Student Housing - Volume 44, No. 3 - Intro
The Journal of College and University Student Housing - Volume 44, No. 3 - Cover1
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The Journal of College and University Student Housing - Volume 44, No. 3 - Cover3
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