Civil Rights — search and seizure — dorm rooms

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Rights — search and seizure — dorm rooms

A warrantless search of a public university dorm room did not violate the Fourth Amendment.

“Although as we noted earlier the fruits of the search were admissible for disciplinary purposes even if obtained in violation of the Fourth Amendment, the violation of the amendment (if there was a violation) would entitle him to damages. Hudson v. Michigan, 547 U.S. 586, 597–98 (2006); Guzman v. City of Chicago, 565 F.3d 393, 398–99 (7th Cir. 2009); Gonzalez v. Entress, 133 F.3d 551, 553–54 (7th Cir. 1998); Thompson v. Carthage School District, supra, 87 F.3d at 981–82. But there was no violation. Medlock had consented in advance, as a condition of being allowed to live in the dormitory, to have his room searched for contraband and other evidence of violation of the health and safety code. He could have lived off campus and thus have avoided being governed by the code. He chose to trade some privacy for a dorm room. His expulsion amounted to holding him to his contract.”

Affirmed.

13-1900 Medlock v. Trustees of Indiana University

Appeal from the United States District Court for the Southern District of Indiana, Pratt, J., Posner, J.