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Search And The Single Dormitory Room, Michigan Law Review Jun 1979

Search And The Single Dormitory Room, Michigan Law Review

Michigan Law Review

This Note suggests that dormitory privacy should not be illusory. It argues that when a college breaches the standards of the fourth amendment in searching a student's room, the exclusionary rule should proscribe reliance on the fruits of that search to punish the student.

The argument progresses in two steps. Section I observes that the guarantees of the fourth amendment apply to searches of college students' rooms by college officials just as they apply to searches of any private dwelling by government officials. It traces the happy demise of Moore v. Student Affairs Committee, which allowed students only limited …


Rationalizing Administrative Searches, Michigan Law Review May 1979

Rationalizing Administrative Searches, Michigan Law Review

Michigan Law Review

At the outset, this Note examines the major decisions concerning administrative searches. Specifically, it traces the development of a warrant requirement and of the corresponding lower standard of probable cause announced in the Camara and See decisions. Subsequent modifications of that seemingly absolute rule are then analyzed. To develop a framework for evaluating administrative search cases, Section II groups those principal Supreme Court cases, along with pertinent lower court opinions, into three tiers of fourth amendment protection: administrative searches that require a warrant based on a traditional criminal standard of probable cause; administrative searches that require a warrant based on …