Legal Question about Confiscation

[grant]

First off I am in college and live on campus. Recently, one of my neighbors smoked in his room and was caught. He was forced to hand over our $150 bong and some left over weed plus a little bit of alcohol. All the substances were flushed on sight, but the bong was taken to our RA (residence advisor) and are in his bathroom.

My question is, can he legaly confiscate the bong? (which should be legal, we bought it in a local smoke shop) Is there any way I can get it back?

I was expensive and it seems like he is abusing his rights, should I just let it go or confront him about getting it back?

[luckee42o]

Did he use the bong to smoke marijuana? Because that makes it paraphernalia, and if it had any pot resin in it, then they had every right to confiscate it (according to the law of course.)

[AcidFreak]

...are you serious?

Yeah, if it were a cheap bong they'd confiscate it, but they should give it back 'cause it was expensive and you paid for it. :rolleyes:

If you're gonna do anything, swipe it from his bathroom secret agent style. :rasta:

[GreenKing11]

That RA is stupid. He has it in his bathroom? Just because he is an RA doesn't mean he's immune to the law, lol. You could call the cops on him and tell them he has paraphenelia in his bathroom. He's in possession of it. But I wouldn't wish the cops on anybody.

[duhrickjames]

You are all sadly misinformed of your rights! Here, listen.

RA's don't have the right to do shit. They are civilians, like you. If you didn't want him to take it, then you could have told him to get the fuck out.

If it comes down to an RA confiscating your bong in exchange for him keeping his mouth shut and not getting you kicked out of the university, then I'd say that was a fair trade.



ONLY POLICE OFFICERS WITH A LAWFUL WARRANT HAVE THE RIGHT TO SEARCH YOUR RESIDENCE, AND SEIZE ANYTHING, FOR ANY REASON, EVER.

(sometimes dorms have agreements with the local police that give the police 'instantaneous warrants' to search your rooms, so be careful about that)

[AcidFreak]

You're renting that room from the COLLEGE, they can search it whenever they want.

[Shastadad]

Here, here, Acid Freak.:dance:

The concept of "in loco parentis" applies. The college and the RA, as their representative, is acting as a parent. If your parents came into your room and found your bong could they confiscate it? Damn right, it is their house.

[duhrickjames]

Here, here, Acid Freak.:dance:

The concept of "in loco parentis" applies. The college and the RA, as their representative, is acting as a parent. If your parents came into your room and found your bong could they confiscate it? Damn right, it is their house.

If you're under 18, then yes, that would be true. The problem with your argument is that most college students are not legal minors.

[Shastadad]

If you're under 18, then yes, that would be true. The problem with your argument is that most college students are not legal minors.

If your in their house it makes no difference how old you are. You have no expectation of privacy. Especially since due to our draconian drug laws their house could be subject to asset seizure.

And I am sure that the lease or agreement that you or your parents signed to allow you to live in the dorm has a clause in it about illegal activity. Which also means that the RA would have been within his rights to confiscate a six pack of beer if you were under 21.

My solution was to move off campus.