Legal Question in Civil Litigation in New York
Search and Seizure by a college
This explanation is a bit long but is necessary. I was a resident student at a private college. I became very sick and was in the hospital for several weeks causing me to withdraw from school for the semester. However, i stayed in my room for a couple of days after i turned in my room key ( i was not supposed to). One day i was laying down in the living room in the campus housing and my roomate who also is the floor RA (resident advisor) came in saying that a ''Master Key'' was missing and asked me if i new anything about it, i said no and went back to sleep. 20 Minutes later public safety and administrators came pounding on the door and started questioning me not because i was staying their without paying but because they thought i had this key. They searched my person, all of my belongings, my car, and did not find it. Convinced i had it they threatened me that they had witnesses and took me down to there headquarters and interogated me. They have placed a hold on my records never found the key, have not charged me with a crime. They lied during the interogation and would not produce the ''witnesses'' they had. They changed the locks on all doors and sent around a letter to students hinting that i might possess it. Is this illegal?
1 Answer from Attorneys
Re: Search and Seizure by a college
Much of it sounds improper but you are not specific enough in your question.
Normally, a false statement of fact that accuses someone of a crime (theft) with the knowledge it
is false is either slander or libel per se.
The search of your person, car and belongings also is unconstitutional without a warrant or Your permission.
However, if you were in the school dorm after you returned the key, technically your residential period was up, some of this could be implied.
You may need to go to court and obtain an injunction compelling the school to release our records and perhaps, you might want to consideder a lawsuit depending on how the statement about
the key was phrased and who made it.
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