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04-15-2011, 09:42 PM
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Junior Member
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Join Date: Apr 2011
Posts: 4
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4th amendment rights broken received minor
I am 20 year old Resident assistant. I was walking into my college dorm and campus security thought i was" in discomfort" so he followed me and called for back up. I did not know they followed me also I was with 2 sober people. I went to my bathroom which is 2 feet from my room and there were 2 other people in the bathroom. One of the individuals walked out and 2 male campus security officers were on both sides of the bathroom. They asked if anybody was in there and she said yes just one but shes ok. The other girl left the bathroom clearly intoxicated and the campus security officer said "thats not the one we are looking for" and let her walk away. The campus security stayed and waited and did not knock or announce their presence before entering a clearly marked womens bathroom. They then took me out and called MPD and i got a minor in consumption. Is this aginst my 4th amendment rights?
also in their training manuel it clearly states that they need to make sure they are not violating anybodys rights before calling the police and they can not enter a room ( Bathroom) for a "health and wellness check" due to exigent circumstances
I jest need to know that i am not crazy and campus security search and seized me illegally
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04-16-2011, 02:29 AM
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Senior Member
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Join Date: Jul 2007
Posts: 1,886
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Their manual is only relevent to their employer. Private security isn't held to 4th amendment standards - 4th amendment applies to the government - and if they felt that your behavior was potentially dangerous to yourself or others, they had a duty to check your well being. Exegent circumstances are a primary reason they COULD enter to check on you.
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04-16-2011, 09:49 AM
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Junior Member
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Join Date: Apr 2011
Posts: 4
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Wrong
In the campus security manuel it states
"Make sure you and the RAs have not violated anyone's constitutional rights before calling MPD. You must be able to clearly articulate why and for what reason you entered the room. Just stating it was for health and safety does not meet the exigent circumstances standard. Any evidence that was discovered improperly will not hol up in court. If you are unsure, consult a supervisor before proceeding. Below is a concept of Exigent Circumstances as defined by law."
'Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequences improperly frustrating legitimate law enforcement efforts'
I was not doing any of these things i was just in the bathroom i threw up once and then moved to the shower to sit they had no reason to come into a women's bathroom without announcing their presence it is against my 4th amendment rights and i should be treated equal
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04-16-2011, 09:50 AM
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Junior Member
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Join Date: Apr 2011
Posts: 4
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i didnt fall under any of the EXIGENT circumstances and they didnt have proof i was in the bathroom or that i was even intoxicated!!!
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04-16-2011, 10:04 AM
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Junior Member
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Join Date: Apr 2011
Posts: 4
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Also my college campus security is a public security system it is NOT private
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04-18-2011, 05:16 PM
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Moderator
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Join Date: Sep 2006
Posts: 15,249
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Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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05-05-2011, 03:59 PM
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Member
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Join Date: Sep 2010
Posts: 32
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They didn't violate your rights, they followed the proper procedure to ensure that they didn't violate anyone else's rights by ensuring that you were alone in the room. Based on your post and what was said to another individual, you were being followed because the security/police had already ascertain that you had committed a criminal offense, MIP. They didn't need any other reason to enter the room than that. By waiting until the room was cleard of others it ensure that the officer didn't violate anyone else's privacy rights. You can't hide in a restroom and claim it is "off limits" if the police suspect you of a crime. If I shoot someone can I hide in a closet that says "Authorized Personnel Only"?
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