Legal Question in Administrative Law in New Mexico
If an RA and a police officer not possesing a search warrant enter a students dorm room while they are not there is it breaking and entering?
1 Answer from Attorneys
What's an RA? If the RA is a person authourized by the dorm and your rental agreement with the dorm to enter your room, then he could invite a police officer in if he saw something illegal inside - say dope or alcohol. The officer's authoirty to enter would be derived from whatever authority the RA has. I doubt the RA would ever be able to just let the officer in on fishing expedition absent some "probable cause" to believe there was someting inside. Even with probable cause the officer has to get a warrant unless there are "exigent circumstances." Criminal lawyers could probably have a lot of fun with this, at your expense of course. From such situation as are legal reputations made.