TX11: College student has REP in dorm room

A college student has a reasonable expectation of privacy in her dorm room from an entry by the police. The fact the resident assistant could look in there wasn’t determinative. State v. Rodriguez, 2015 Tex. App. LEXIS 9972 (Tex. App. – Eastland September 24, 2015):

Courts have held that “a student who occupies a college dormitory room enjoys the protection of the Fourth Amendment.” Piazzola v. Watkins, 442 F.2d 284, 289 (5th Cir. 1971); see also People v. Superior Court, 143 Cal. App. 4th 1183, 49 Cal. Rptr. 3d 831, 848-49 (Cal. Ct. App. 2006). The First Court of Appeals concluded that a student “had an expectation of privacy in his dorm room and is thus afforded Fourth Amendment protection.” Grubbs v. State, 177 S.W.3d 313, 318 (Tex. App.—Houston [1st Dist.] 2005, pet. ref’d). We agree and accordingly conclude that Appellee enjoyed the same Fourth Amendment protection from unreasonable searches and seizures in her dormitory room as would any other citizen in a private home. See id.; see also People, 49 Cal. Rptr. 3d at 849.