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Halogen Lamps and Room Searches
The Issue
At the beginning of the 1996-1997 school year, the Office of Residential Life
issued a notice to all Brown students living on campus that informed them that
the ever-popular halogen lamps were now considered "fire harards" and
were thus prohibitted under the residential life rules and regulations. The
students of Brown University, for the most part, largely ignored this
announcement, so the Office of Residential Life was thus compelled to conduct
random "Health and Safety" Inspections. If, during the course of the
inspections, a student was found with a halogen lamp, he would have his lamp
confiscated and would then be fined. A student did not have to be present in his
room at the time of the search (although students were notified three days before
a dorm-wide search was scheduled to occur.)
To make matters even more troubling, the Office of Residential life added
that:
If in the reasonable course of such an inspection other Violations of
University rules are observed, they may be reported to the appropriate Dean(s).
This report may be a basis for a search of the room.
Our Stance
We at the Brown ACLU feel that these searches violate the basic spirit of our
fourth amendment rights, particularly the recent caveat which enables the "Health and
Safety" inspectors to report any other violations of University rules to
Deans who may, in turn, authorize a full-scale room search by police and
security. We feel that it is essential that a student be present ANY time his
room is searched, and we furthermore object to police and security searches that
are authorized under the guise of Health and Safety.
Perhaps more importantly, we would like the Office of Residential Life to explore
less invasive methods of compelling students to comply with the fire code. We
would like, for example, to see the Office of Residential Life provide
reasonable, cost-effective lighting alternatives or mesh guards for their halogen
lamps that would enable students to maintain a well-lit room without violating
fire regulations.
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