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question about colleges and property/trespassing

2K views 23 replies 14 participants last post by  Blackjackbender 
#1 ·
can you be cited for trespassing in a public university's parking lot?


basically CMU started some new bullshit tailgating rules. one says you give up the right to say no to bag searches. my thinking is the worse they could do is ask you to leave? but then i started thinking that they can't kick bums or crazy preachers off campus since its a public university so couldn't they technically do nothing?
 
#3 ·
Yes, you can be. Motorcycle classes are held on campus parking lots. There have been cases of people refusing to leave and being cited for trespassing on the lot.
 
#7 ·
So, are you planning on bringing something that isn't allowed, or what?

Also, I'm pretty sure that if they have instituted the search policy, you are agreeing to that just by entering, and they aren't just going to let you leave if they want to search you, rather they will take you into custody, and search you without your consent. Don't bring anything illegal, or against the rules, and just go to have a good time.
 
#12 ·
My answer to the question is to simply refuse to follow the rules and find out what happens. It's the best way to learn the true answer to your question.:teehee:

Carry at least $350 in bail money with you before you carry out your experiment though.
 
#13 ·
kind of what i was thinking unfortunately

the limit is six beers. i can bring six man cans and be fine and be legal.

even though their new rules like no big grills or external sound systems and police check points are dumb ill follow them if i go.

my main thing was my rights being violated. if i was going to test this which i may not this weekend because my parents are coming up to the game i still think its bullshit. i was going to come up with a back pack full of moonmist and deny them to search me if they ask.

thanks everyone for the opinions/advice.
 
#16 ·
Seems to me you would be participating in an "event". Tailgating as a prelude to a football game. I would think that by entering you agree to the rules the University has set up for this type of event on University grounds.

Now, if you simply drive into the parking lot during a normal business day, they may not have the same search abilities without probable cause.
 
#20 ·
Should be similar to the rules they follow at Public K-12 schools. Essentially, by parking in their lot or using their locker, or attending their event, you are consenting to search for absolutely no reason, and are subject to prosecution if you refuse.

Don't you remember being in high school and watching the hilarity that would ensue almost every year when a kid would say "You can't search my locker, that's invasion of privacy!"? This law has been challenged, and unless you're bringing some sort of new argument to the table, you'll just end up either getting kicked off property or fined some how and sent home.
 
#21 ·
Well, as a student I think you are agreeing to following their rules. As a paying student, I think you agreed to following certain rules and guidelines.

From your student handbook
B. Drinking Laws
It is illegal for a person under 21 years of age to purchase, consume or possess alcoholic liquor. For example:
• A person less than 21 years of age, who purchases, consumes, possesses or attempts any of the aforementioned as it relates to alcoholic liquor, is guilty of a misdemeanor.
No alcoholic liquors shall be consumed on any public highway, street, alley within this state, nor within the city of Mount Pleasant, in any public place or place of amusement or recreation open to the public not licensed by the state to sell alcoholic liquors. No person shall transport or possess any alcoholic liquor in a container that is open, uncapped, or upon which the seal is broken unless allowed by law, on the public streets, sidewalks or rights of way of the city of Mount Pleasant.



Any violation of tailgating regulations will result in immediate termination of tailgating privileges, criminal prosecution (i.e., misdemeanor ticketing), and / or disciplinary action through the CMU Office of Student Rights and Responsibilities if the violator is a CMU student.


I hear there are openings for students at most community colleges when you get done.


Take your 6 and enjoy the game.
 
#24 ·
i was going to bring six regardless just wanted to see if I could tell them they couldn't search my bag. Basically I just didn't like the wording that I give up a right i normally have. I guess how they worded it left a bad taste in my mouth. I probably won't be going to tailgate like the majority of students and just show up for the game.

Its a lot safer for me to walk all the way across campus after some beers then do it in a parking lot right there. :sonicjay:


That's pretty much what I learned, your 4th amendment rights are long gone at schools.
that is true. but this is a case of me loosing my 4th amendment right just by simply being on their property.
 
#23 ·
College/university = "property" of the governmental agency that operates it.

While it may be freely accessible, being instructed to leave by an agent of the owner (i.e. campus police officer) revokes your free access. Failure to follow said instructions (i.e. being where you're not allowed) = trespassing.

This whole concept of people having some legal right or claim to "public property" is mostly fairy tale and folklore. Even "public property" has an owner who can allow or disallow access at their discretion.

Try walking onto the White House grounds, prison grounds, a SAC missle base, or USAF airfield. All "public property".
 
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