Legal Question in Constitutional Law in Massachusetts

Minor in possession of alcohol in Massachusetts. While I was in my college dorm room a police officer knocked on my door, where they asked if i had been smoking marijuana, then asked since i hadnt, would it be ok if she took a look around. I should've said no, but i panicked and thought she could anyway since i'm living in a college owned room. She unzipped a closed bag and found a bottle of alcohol and went through draws of a piece of furniture that belongs to me, not the university and confiscated marijuana. By me saying she is allowed to take a look around the room, is a police officer allowed to search through and open private property?


Asked on 5/12/10, 8:04 am

1 Answer from Attorneys
Leonard Milligan Milligan Coughlin LLC

The shortest answer is that your consent may have authorized a search of your room. A few more facts would clarify if there was a limit, even if unspoken, on the scope of your consent. For example, were you advised of your right to refuse consent? Did you limit the scope of your consent to plain view? Did they ask only to enter to "look around" or was their language more specific?

The college dorm room issue is a bit more interesting. While some cases suggest that housing rules for certain colleges limit your rights, recent decisions narrow the scope and use of those rights. You should read Commonwealth v. Carr, 76 Mass.App.Ct 41 (2009)...I believe that case has been accepted for appeal at the SJC. You should also read any housing rules for your specific school.

Ironically, if you are not charged with a crime, any offense to your rights will likely be unresolved. If you are charged with a crime, you should consult your attorney as to whether suppression of the evidence is a viable. If you don't have an attorney, get one. Call my office with any questions.

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Answered on 5/18/10, 4:37 pm


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