Students seek clarity regarding private rights

Dorms on campus this year have had a number of tricky run-ins between police officers and students, leaving many wondering about their rights and responsibilities regarding officers in the dorm. In almost all senses, students’ relationships with the law and officers on campus is no different than any other citizen outside of Luther’s grounds.

An incident involving Decorah police officials occured on the weekend of March 14. According to sources, police arrived in Olson and requested to enter a room which was under suspicion for containing marijuana. The residents allowed access to the police, who then questioned students. Without a search warrant, the police did not search the room and left without charging the students.

The most common confusion surrounds the issue of police entry into student dorms. Many students are confused about their rights in such situations, but the legal standing between students and officers is not complicated, according to Decorah Police Chief Tom Courtney.

“In that respect, students are just like any other citizen in Decorah ... they have the right to restrict an officer entering their room,” Courtney said.

Students are also not required to provide any information regarding themselves or the activities in their rooms. This right, however, is tempered in a number of aspects, leading to shaky ground between the rights of students and the responsibilities of officers and the college.

“Your room is your private residence — if [the police] have a warrant they can come in, but if they don’t, the student doesn’t have to let them in,” Vice President and Dean for Student Life Ann Highum said.

The warrant issue gets sticky, however, when officers need time to get that warrant. According to Courtney, while waiting to receive a warrant, an officer can restrict the movements of the students in the room in order to ensure that the room remains in the same state it was at the time of the warrant request.

Another extenuating circumstance is if an officer feels that there are safety concerns within the room.

“We will enter the room if there are concerns about safety: reports of assault or things like that,” said Courtney.

Beyond those situations, however, students rights are the same as any other citizen in their private residence. They are not required to give out any information or let any officer into the room without a warrant. They cannot be arrested or cited if the officer enters the room without consent or without a warrant, unless safety concerns necessitate that entry. Courtney added that when a student refuses to give out information, the officer can talk to any witnesses and try to compile a case for a warrant.

Some students have come to see Luther as a sort of protected zone buffered against the law; this, however, is not the case. While to some degree Luther tries to contain any incidents in the dorms within the Luther penal system, according to Highum at some point they do have an obligation to inform the police.

“We tend to handle (alcohol) violations internally. It depends on the seriousness, but they are generally handled through Res Life. If it continues, though, we go up a step. If it’s illegal drugs, the police come,” said Highum.

And like the police, Res Life has the right to search a student’s room under extraordinary circumstances. If safety of the student is a primary concern or if there is strong evidence to suggest that there are illegal or stolen items in the students room, the room can be searched, but only under the direct permission of Highum herself.

According to the Luther student handbook, “Except under emergency circumstances in which the safety of life of a person(s) is in danger, students’ rooms and possessions of students shall not be searched unless appropriate authorization has been obtained.”

For students, knowing the legal rights and responsibilities of students on campus could have made their run-in with the police much less confusing. The most important thing to remember is that a student’s dorm room is their personal residence, subject to all the same legal rights and responsibilities of a home off-campus. Along with that, however, come all the same legal repercussions of any illegal acts they may wish to pursue.