Legal Question in Civil Litigation in California
Confiscation of property by a private instituion
Last December, my dormitory room was searched by public safety officers at the private university I used to attend. In the process of searching my room, they confiscated some things from me to use as evidence in the report later issued concerning my situation. The police were never contacted and since then, I have decided not to return to the school. I was wondering if there was any quick & easy legal recourse I could take to get my property back (it was some alcohol and drug paraphernalia), or if they are legally able to confiscate things from me. Since they are not a government agency I would think they would have no right to take my property, whether it is drug-related or not.
1 Answer from Attorneys
Re: Confiscation of property by a private instituion
The university's rights in this regard are most likely spelled out in contracts between you and the institution, including your renatal agreement for the dorm room and any agreement you signed in order to be allowed to enroll as a student. You should look at those agreements and see if they contain any language applicable to this situation.
As far as "quick and easy legal recourse," you could try a small claims action. Depending upon the specific facts, though, this might be a very bad idea.
Possession of certain types of drug paraphernalia is a criminal offense, and the kind you had in your room might well be illegal. It is generally unwise to march into court, take an oath, and then declare under penalty of perjury that you own something which cannot legally be owned. Such statements could come back to haunt you later in a much more serious court proceeding.
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