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MA: BC police not state actors when enforcing BC policy

By John Wesley Hall, Jr.

Boston College Police are state actors subject to the constitution in general but not when they conducted a search under the "Conditions for Residency" for a reported weapon possessed in violation of school policy. Drugs were found, and admissible in a criminal proceeding. The defendant consented after consulting with his father. Commonwealth v. Carr, 2009 Mass. App. LEXIS 1575 (December 23, 2009): Boston College's Conditions for Residency 2007-2008 also provides: "RIGHT OF ENTRY "The University reserves the right to enter resident student rooms and conduct a plain view search for: reasons of health, maintenance, upholding community standards (including safety and discipline) or inspections. Regular inspections will be conducted by staff in all areas...continue to full post

Full post as published by Fourth Amendment on December 25, 2009 (boomark / email).