FLC(LEGAL) - STUDENT RIGHTS AND RESPONSIBILITIES: INTERROGATIONS AND SEARCHES

Generally

Searches Conducted by College District Officials

Searches Conducted by Law Enforcement

Student Consent

Searches of Dorm Rooms

Searches of Tele-communications / Electronic Devices

Stored Communications Act

  1. Intentionally accessing without authorization a facility through which an electronic communication service is provided; or
  2. Intentionally exceeding an authorization to access that facility.

Exceptions

  1. By the person or entity providing a wire or electronic communications service;
  2. By a user of that service with respect to a communication of or intended for that user; or
  3. By sections 18 U.S.C. 2703, 2704, or 2518.

"Electronic Communication"

"Electronic Storage"

  1. Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and
  2. Any storage of such communication by an electronic communication service for purposes of backup protection of such communication.

By Law Enforcement

  1. The owner or possessor of the telephone or device consents to the search;
  2. The telephone or device is reported stolen by the owner or possessor; or
  3. The officer reasonably believes that:
    1. The telephone or device is in the possession of a fugitive from justice for whom an arrest warrant has been issued for committing a felony offense; or
    2. There exists an immediate life-threatening situation, as defined by Code of Criminal Procedure 18A.201.

Western Texas College

FLC(LEGAL)-LJC

UPDATE 33

DATE ISSUED: 12/5/2017