Legal Question in Constitutional Law in Indiana

4th Amendment Search

I am a member of a fraternal orginization at a public university in the State of Indiana. The university has authorized the university police department to enter the premesis of these private orginizations in order to enforce the university alcohol policy. These officers are permitted by the university to enter at will or upon receiving a complaint with or without probable cause. The land that the fraternity is owned by the university however, the house is owned by the fraternity.

What kind of legal recourse if any do we have against the university?


Asked on 9/24/02, 12:11 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: 4th Amendment Search

Your first step should be to read the terms of the agreement under which the fraternity occupies the university land. You may well find that entry by university representatives without legal process is provided for in the deed or lease which controls the occupancy. And, yes, constitutional rights may be given up or waived.

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Answered on 9/24/02, 3:47 pm


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