Legal Question in Constitutional Law in Michigan

Re: College Students Privacy Rights/Unreasonable searches

Educational institutions have a status with their underage students called "in loco parentis." This means their officials have the same rights, roughly, as their parents would have if they were at home. This principle avoids providing many of the constitutional protections which adults have, and permits the check of living quarters for illegal substances and activities without a warrant, and for whatever is led to from there. The institution may apply internal discipline, or may refer the matter to outside authorities, depending upon the severity of the infraction.

Re: College Students Privacy Rights/Unreasonable searches

I don't agree entirely with Mr. Aspinwall's answer. Public colleges and universities, as agencies of the state, have no powers which the state itself does not have. They therefore must respect constitutional limitations when conducting searches of student residences. The specific requirements may vary somewhat depending upon the age of the student, as students who are legally minors may indeed be subject to the "in loco parentis" doctrine Mr. Aspinwall describes. The specifics of these rules may well vary from state to state and I am not an expert in this specific field.

Private institutions are not limited by the law in the same manner as public institutions. At a private college or university, a student's rights re: his/her privacy in a residence hall are probably spelled out in the rental agreement or some other document. These limitations will likely vary a great deal from one campus to another, as some schools believe strongly in allowing students as much independence as possible, while others are more aggressive in making sure students are obeying the schoold disciplinary rules.