Student Search Policy
The University reserves the right to enter student rooms for maintenance reasons and to enter rooms or apartments for the purpose of compliance with University rules and/or state and federal laws.
I. Purpose
The purpose of this policy is to establish procedures governing searches to which Messiah University students may be subject. A primary consideration is balancing a student’s right to privacy with the University’s need to enforce applicable laws and rules.
Concern for the well-being and safety of individual students and the University community, as well as reasonable protection of student privacy rights, should govern all decisions regarding student searches.
II. Areas and Property Subject to Search
Any area or property located on Messiah University premises and under the control or custody of a full-time or part-time student is subject to search. Included in this definition are (1) University-owned buildings and residences, (2) student-owned, operated, or controlled motor vehicles located on University premises, and (3) any personal property located or contained in these structures or vehicles. Student housing contracts issued by the Office of Residence Life and Housing reserve to the University the right to enter and inspect residential space at any time for maintenance needs or for reasons of health and safety. These contracts also permit the University to enter and search any residence hall space in an emergency or if there is reasonable cause to believe a violation of University policy, local, state or federal law is occurring.
III. Justification for Search
Any search conducted by Messiah University personnel must be based upon one or more of the following grounds: emergency, health and safety considerations, or suspected violation of University policy or local, state, or federal law. A search may be authorized under the following conditions:
A. Voluntary Consent. In most circumstances, it is desirable to obtain the prior voluntary consent of the person having control or custody of the area or property to be searched. While the student housing contract reserves broad authority for a search by University personnel, consent normally is to be sought prior to initiating a search. Consent by one roommate to the search of jointly occupied residential space is adequate even if other roommates are absent.
B. Reasonable Suspicion. It is the responsibility of the Department of Safety to decide if there is a substantial likelihood that evidence of unauthorized activity will be located in the place to be searched. This decision may be based on any credible information developed during ongoing investigation, received through indirect means, or reported by Residence Life personnel or other University students or employees. The Department of Safety is to evaluate all information for reliability and relevancy prior to requesting authorization to conduct a search.
C. Plain view. Evidence of a violation of either University policy, local, state, or federal law, or which indicates health and safety concerns, may sometimes be observed in plain view within a residential space or vehicle. Evidence which is seen in plain view may be seized and will justify a search of the area in which the evidence is located.
D. Emergency. Immediate entry without student consent is appropriate in emergency situations where pressing necessity or urgency require prompt action. In such a situation, delay might jeopardize the health and safety of a person or result in concealment, disposal or destruction of evidence or unauthorized activity. Emergency conditions may justify a frisk or pat down search by a Department of Safety officer, as described below:
1. A frisk or pat down of a person is a permissible search in specific circumstances where an officer’s safety may be compromised. The search is limited to weapons and is not a total body search of a person. It is a non-intrusive pat down of an individual for the limited purpose of locating weapons on his/her person.
2. If it is reasonably believed that a person is carrying a weapon AND the circumstances are such that the officer is in fear for their safety, the officer may conduct a non-intrusive pat down search of the person involved. It is recommended that the officer have another officer or a member from the Residence Life staff present when conducting this search. However, if neither is immediately available and the situation is such that it is of an emergency nature, the pat down may be conducted in their absence. The officer then is responsible for completing a full report articulating the exact circumstances surrounding the situation, including why they believed a brief search was reasonable when weighed against the student’s privacy interests.
If it is reasonably believed that a student is concealing evidence of unauthorized or illegal activity on his/her person, it is permissible for the officer to ask the student to empty out their pockets and/or turn them inside out. If the student refuses, the officer is authorized to contact the local police for their assistance with the incident. The officer will complete a full report articulating the exact circumstances surrounding the situation.
IV. Scope of Search
Any search conducted by Messiah University personnel shall be reasonable, and shall be limited to items of evidence related to one or more of the grounds for which a search is justified. A search shall be no more broad or intrusive than reasonably necessary to locate the evidence sought.
V. Searches by Messiah University Personnel
A. No search, whether consensual or non-consensual, shall be undertaken without the prior approval of the Student Affairs On-Consult Administrator unless emergency conditions are present.
B. All searches shall be conducted by Department of Safety personnel. Whenever possible, the Department of Safety officer shall be accompanied by a Residence Director or Student Affairs On-Consult Administrator.
C. Whenever possible, a Department of Safety officer should not search the residence of a student of the opposite sex unless accompanied by a Residence Director or Department of Safety officer of the same sex as the student.
D. A written report describing justification, conduct and results of a search will be provided to the Vice Provost/Dean of Students and Department of Safety director within 24 hours of the search.
E. A search by Messiah University personnel which discloses any item reasonably believed to constitute a controlled substance or drug paraphernalia, regardless of quantity or type, will result in an off-campus law enforcement agency being contacted. Department of Safety personnel will secure the site and remain at the scene pending arrival of a law enforcement officer, who will assume jurisdiction over the incident.
VI. Searches by Law Enforcement Agencies
A search may be made by a municipal or state police officer, sheriff, or federal law enforcement officer only pursuant to warrant or under circumstances in which a search without a warrant is legally permissible. No Messiah University personnel will assist in the search but a Department of Safety officer will accompany the searching officer. The Department of Safety officer is responsible to notify the Student Affairs On-Consult Administrator as soon as possible that the search has occurred.
VII. Seizure of Property
Items which constitute evidence which is discovered in plain view or as a result of a permissible search may be seized for use in University disciplinary proceedings and/or local, state, or federal criminal proceedings. A receipt shall be given to the person from whom the property was seized, or left on the premises in a conspicuous place.
VIII. Authority
The Department of Safety shall have final authority for the conduct of all student searches other than those initiated or assumed by off-campus law enforcement agencies.
Revised March 2007
Policy Maintained by Office of Residence Life and Housing