Legal Question in Criminal Law in Oregon

College Official Hacked Computer & Found Evidence

My Son lived off campus at anOregon College. He had a computer in a friends dorm room. The college's Internet Supervisor hacked into his computer and found 2 ''lewd pictures of children''. Is this not an illegal search? A local police detective was notified. The detective told Campus Police to get my son when they found out he was in the room at that time. They took him to a room where he was interrogated by the detective and Campus officials. He was not Mirandized until two months later when they formally arrested him. His questioning took place in a room whith an armed officer guarding the door. Can the results of that interrogation be suppressed?


Asked on 3/11/02, 11:30 pm

1 Answer from Attorneys
J. William Savage Rieke & Savage, P.C.

Re: College Official Hacked Computer & Found Evidence

The constitution only prohibits searches by the state. Whether the search is illegal will depend upon who conducted the search and in what capacity. It sounds as if the search is questionable. Certainly a motion to suppress would be filed to challenge the search and any derivative evidence flowing therefrom ("the fruit of the poisonous tree"). Statements made during a "custodial interrogation" cannot be used without Miranda warnings being given. However, there are exceptions to the rule. The admissibility of the statements would, again, be the subject of a motion to suppress, and would depend upon the evidence produced at a hearing. It does sound like the questioning was in a custodial setting. One factor (not the only one) will be whether your son was "free to leave" when the questioning took place. I hope this helps.

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Answered on 3/12/02, 10:29 am


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