College Dorm Room Searches and the Law

Ithaca is fun because of it's size and isolation but that also creates a problem with privacy. It seems like everyone knows everyone else's business. I can't even tell you the level of town gossip let alone what is published daily on social media. Thousands of people are thrust together closely sharing rooms, apartments, homes, and dorms.

Privacy rights are sacred. We do have a fourth amendment that guards against government intrusion. There shall be NO unreasonable (illegal) search or seizure of your person or home.

Does that same law hold in your dormitory?

Does that same law apply to your on campus apartment? 

Ithaca DWI Lawyer Can You Get Rid of Your DWI Arrest Record?

I recently received this inquiry from a former client (the names, dates, times have been altered)

I have a question regarding my arrest history, which is widely open to the public—displayed on the Cornell University police website. I was arrested by Cornell University police many years ago, and was accused of DUI. I almost erased this unpleasant memory from my ordinary life, but I was reminded of this incident when I received an email from a friend. 

My friend said that he conducted a Google search to find my education history information by typing ‘my name + Cornell.’  Instead of finding my education history, he found my arrest history on the Cornell police website.

I was very surprised, stressed, and this is making me feel unsafe because my private record is has been widely open to the public. Indeed, I do not intend to hide my arrest record if someone requested this information for an appropriate reason and using the proper procedures, I would provide that person with this information.  However, I do not think it is legitimate to open my personal information and history to the public so everyone can search my arrested record.  

 My questions are as follows:

1) Is there any way to get rid of this record from the police website? Do the police keep these histories permanently?

2) If it is NOT possible to erase this arrest record, is there any way to block the record from being searched using Google or other search engines?  This blocking process, of course, has to be legitimate. Do you have any idea or advice on this?

My response:

It's impossible. It's like erasing the news or the weather. It happened and it was a public record. How would or could anyone erase something like that ? 

Arrests are reported to the news. It is afterall a "PUBLIC" event/incident.

I guess the first question is: Is it or are you newsworthy? 

How much or how little of it is talked about or written about YOUR DWI would be determined by the severity of the charges? Was there an accident? Were there people hurt? Are you someone of prominence within the community? A political candidate is most definitely front page even if their DWI is minor as is the guy that works a local fast food place that kills someone.

Are you of interest to the public? The truth is that Bad news sells.

I think searching your name over and over would not help to bury your history on page 20 of google. It is kinda like asset protection or security. As good as it is or no matter what you spend "It" is never 100%, it just makes it more difficult for people to get at or to your stuff. People prefer easy and do not like to work hard so I would just forget about it and leave it alone.

I believe that in this day and age "If" someone searches long enough and hard enough I am sure they would discover arrests, divorces, license problems, education history or your review of a restaurant in Cleveland.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184

Reviews of Larry Newman:

http://www.avvo.com/attorneys/14850-ny-lawrence-newman-530905.html

Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers

Please avail yourself of my online materials which include over 500 blog posts, dozens of articles, and over 490 informative videos on my youtube channel.

The Width and Breath of Ithaca Alcohol Evaluations/Assessments

Well it is back to school time in Ithaca, NY. Our current population is about to double, and the turmoil on the roads is beginning to constrict my blood vessels. I moved here from the big city to get away from the madness of the crowds and traffic but all is really relative.

After three years of practicing DWI defense in the Finger Lakes region of New York State, I've gotten used to small town life, and whenever I venture out to the bigger cities I can feel the difference. Rolling hills, and green pastures soothe my soul, while large expanses of asphalt and concrete tend to now quicken my pulse.

Speaking of contrasts and relativity, drug evaluators and their evaluations fall within the same category. Every week I direct and guide my DWI clients to have alcohol/drug evaluations, and every week I am surprised by the reports I receive back. They run from one and two page check off lists to twenty page life histories. Now mind you they are (the evaluators) all OASAS (NYS Office of Alcoholism and Substance Abuse Services) certified as mandated by November 2006 legislative changes in the DWI statutes but their methodologies and philosophies on addiction practice are very subjective.

Many of my clients have to have alcohol evaluations either to enroll and complete the DMV DDP (Dept. of Motor Vehicle's Drinking Driver Program) or for the Court (BAC of .15 or higher) or for case leverage to prove they do not have a problem necessitating harsher punishment or long term supervision. I want my clients to receive a FAIR evaluation, that is complete and thorough.

If someone has a problem it needs to be addressed. Recognition and/or awareness is a nice start. Recently, I have come across evaluators and therapists, who are in my opinion stand outs:

Johanna Bos in NYC
Dr. Duffy in Long Island, NY
Mary Bellizia in Elmira, NY
Stuart (Stu) Bergman in Ithaca, NY
Suzanne Panetti-Stewart in Dryden, NY

Sometimes the length of the report only tells part of the story. Sometimes only writing a one page report can do the trick. One that gets to the heart of the client's situation in careful thought out words can be very effective tool to persuade a Judge and/or District Attorney to consider treatment over incarceration for repeat offenders.

I salute these professionals who care about doing a good job, and who help make my job as advocate for my DWI clients best interests a more certain reality. I have some criteria that I use when selecting an evaluator, and preparing my clients for evaluations. Please look over my blog entries on drug/alcohol evaluations as well as my blog resource list to get an idea of what will be asked of you and/or from you.

The 9 Most FAQ About NY DWI, here:

http://www.scribd.com/doc/57124346/9-Most-FAQ-About-a-NY-DWI

The New York Up State DWI Survival Guide, here:

http://www.ithacadwi.com/NY_DWI_Survival_Guide_2012__fingerlakes.pdf

Winning The NYS DWI Refusal Case, here:

http://dwicom1.wpengine.netdna-cdn.com/files/2013/10/1294-HowtoWintheNewYorkDWIRefusalCase.pdf

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 550 blog posts, dozens of articles, and over 520 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.

http://www.ithacadwi.com

newman.lawrence@gmail.com

607-229-5184