195 A.3d 922
Pa. Super. Ct.2018Background
- In February 2016 Villanova University Public Safety (VUPS) officers (unarmed, no arrest powers) responded to violent incidents involving students who had ingested LSD; one involved Appellant’s roommate.
- University administrators, concerned other contraband remained on campus, authorized VUPS to search the roommates’ dorm, which Appellant had agreed to by a housing contract allowing searches for safety/policy violations.
- VUPS used a master key to enter the dorm room, observed contraband in plain view (marijuana, scale, syringe, cash) and then found LSD stamps inside a prayer book in a desk drawer.
- After completing the search, VUPS summoned Radnor Township police, who remained in the hallway and did not participate; VUPS turned over the seized items and a warrant was later issued for Appellant.
- Appellant moved to suppress the dorm-room evidence, arguing VUPS were state actors (so the Fourth Amendment applied); the trial court denied suppression. Appellant was convicted after a non-jury trial and sentenced; the Superior Court affirmed.
Issues
| Issue | Appellant's Argument | Commonwealth/University Argument | Held |
|---|---|---|---|
| Whether VUPS were state actors when they searched Appellant’s dorm | VUPS were de facto police on campus (uniformed, only security force at time) and thus state actors subject to Fourth Amendment | VUPS were private/university employees with no statutory police powers; they acted under university authority and not at police direction | VUPS were not state actors; search was not state action |
| Whether VUPS acted jointly with Radnor police to render the search state action | Search was conducted in concert with Radnor PD (police on scene) | Radnor police arrived after contraband was found, remained in hallway, did not direct or participate in search | No joint action; mere police use of privately obtained evidence does not convert private search into state action |
| Whether VUPS performed a public function traditionally exclusive to the state | VUPS performed police-like functions (responded to emergencies, restrained individuals) making them state actors under public-function test | VUPS lacked plenary police powers and any statutory delegation; their authority derived from the university and was limited | Public-function test not met; VUPS not delegated state police powers |
| Whether the exclusionary rule/Fourth Amendment suppression applies | Evidence should be suppressed because obtained via unconstitutional state search | Evidence need not be suppressed because search was private/university administrative and consented-to by housing contract | Exclusionary rule inapplicable; suppression properly denied |
Key Cases Cited
- Burdeau v. McDowell, 256 U.S. 465 (private searches are generally outside Fourth Amendment scope)
- Lugar v. Edmondson Oil Co., 457 U.S. 922 (two-part fair-attribution test for state action)
- Coolidge v. New Hampshire, 403 U.S. 443 (private actors can be state agents under certain circumstances)
- Commonwealth v. Corley, 491 A.2d 829 (Pa. case applying Lugar fair-attribution analysis)
- Commonwealth v. Price, 672 A.2d 280 (mere cooperation with police does not alone create state action)
- Commonwealth v. Harris, 817 A.2d 1033 (Fourth Amendment does not apply to private searches absent state action)
- Commonwealth v. Faurelus, 147 A.3d 905 (Pa.Super. discussion of private actor searches)
- Commonwealth v. Jones, 988 A.2d 649 (standard of review for suppression rulings)
- Hennessy v. Santiago, 708 A.2d 1269 (public-function test explained)
- Henderson v. Fisher, 631 F.2d 1115 (Third Circuit: state delegation can make campus police state actors)
- Fleck v. Trustees of University of Pennsylvania, 995 F.Supp.2d 390 (distinguishes when private campus security may be state actors if endowed with plenary police powers)