Legal Question in Landlord & Tenant Law in Massachusetts

Reserving the Right to Search

My college handbook states:

''The college reserves the right to enter and search a student's room... vehicle parked on campus, person... provided permission to do so is sought and granted.''

The permission clause refers to the procedure through which college employees must go in order to obtain permission to search, not the permission of the student.

My question is, does the college actually have the right to search my vehicle? (I never signed a form giving them permission to do so.)

I know that they do not have the right to search my person, but that if i refused a search they would be allowed to require that I leave their property, however I also feel that they do not actually have the right to search my vehicle without my permission.

What is the actual law in this case?


Asked on 9/03/07, 10:36 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Reserving the Right to Search

You entered a contract with the school when you paid it money and accepted your admission. The agreement was and is to abide by all school rules and regulations. These include the regulations relating to accepting on-campus parking. The school, as landlord, has determined that it wants to be able to be sure that your vehicle has no dangerous propensities, illegal materials inside, and no weapons inside. You have determined that you will park on school property, and thus have agreed to give it what it wants. This is the law of the contract.

The school's reservation of rights is effective and lawful. Failure to abide by your contract breaches it, subjecting you to discipline up to an including expulsion.

Welcome to the world of being over 18, and having to live up to agreements.

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Answered on 9/04/07, 6:20 am


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