• Friday, February 17, 2012
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Washington State Court Says Campus Police Officers Lack Authority to Patrol Dorms

In an opinion that could limit the ability of campus police officers in Washington State to conduct random patrols of residence halls, the state’s Court of Appeals has ruled that students have a constitutional expectation of privacy in their dormitory hallways, The Spokesman-Review, a newspaper in Spokane, Wash., reported.

The case stems from a 2006 incident involving a student’s arrest in a dormitory at Washington State University on burglary charges. A trial-court judge threw out the charges, saying the arresting officer had overstepped his authority by eavesdropping at residents’ doors and attempting a ruse to bring students out into the hallway. The university’s governing board responded by adopting a policy giving officers explicit authority to patrol dorms.

But in a unanimous opinion issued late last month, the appellate court agreed with the trial-court judge, saying that the students’ shared living space carried the same privacy protections as a private home under the Fourth Amendment to the U.S. Constitution.

One of the three appellate judges, however, wrote in a concurring opinion that while the officer in the 2006 case had overstepped, the presence of a police officer in a dormitory hallway was not in itself a violation of privacy.

It was unclear whether Washington State or local prosecutors would appeal the appellate court’s decision. According to The Spokesman-Review, all public universities in the state have allowed their officers to conduct dormitory patrols and will now have to review their policies. —Charles Huckabee