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College dorm room searches

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Dave5

Junior Member
Alaska.
Hi. I live in a student residence at a University in Alaska. Lately the police have been doing lots of searches of peoples rooms for minors consuming alcohol. I was just wondering if you have to allow the police in to search your room? Do they need a search warrant or anything. I am not doing anything wrong in my room i just consider it embarrassing and rude to search through peoples personal belongings for such minor offenses.
Cheers, Dave
 


cyjeff

Senior Member
First, most colleges do not consider underage drinking "minor".

Second, back in the dark ages when I was a resident assistant, your dorm room was considered as your home... and was protected as such.

Having said that... I was also given a passkey to any room in the building... because I was also supposed to investigate in any case where the student would be a danger to themselves....

Check your housing agreement. In the meantime, when the police knock, refuse to allow entry. If they ask to come in or you open the door to let them in or your door is open with you down the hall, you have other problems.
 

HomeGuru

Senior Member
Alaska.
Hi. I live in a student residence at a University in Alaska. Lately the police have been doing lots of searches of peoples rooms for minors consuming alcohol. I was just wondering if you have to allow the police in to search your room? Do they need a search warrant or anything. I am not doing anything wrong in my room i just consider it embarrassing and rude to search through peoples personal belongings for such minor offenses.
Cheers, Dave
**A: is the school allowing the searches?
 

Dave5

Junior Member
The police are going into rooms with RA's (residence advisor's). I would have thought that my room was like my house as i am renting it from them, therefore i wouldn't have to just let them in because they think there is a slight possibility i might have alcohol on me. Also just wondering how drinking isn't a minor offense when just about every single other country in the world allows you to drink when you are 18.
 

HomeGuru

Senior Member
The police are going into rooms with RA's (residence advisor's). I would have thought that my room was like my house as i am renting it from them, therefore i wouldn't have to just let them in because they think there is a slight possibility i might have alcohol on me. Also just wondering how drinking isn't a minor offense when just about every single other country in the world allows you to drink when you are 18.
**A: apparently you thought wrong. Read your school/dorm policy manual.
 

cyjeff

Senior Member
The police are going into rooms with RA's (residence advisor's). I would have thought that my room was like my house as i am renting it from them, therefore i wouldn't have to just let them in because they think there is a slight possibility i might have alcohol on me. Also just wondering how drinking isn't a minor offense when just about every single other country in the world allows you to drink when you are 18.
You don't live in any other country. You live in the US... where it is against the law. If you like another country's laws better, feel free to move there.

As I said, what does your housing agreement say? You are living on state property. There is an excellent chance that alcohol is illegal on campus. Anywhere on campus.
 
When I lived in the dorm, part of the housing contract explicitly stated I had to allow random searches for contraband to occur. I imagine this is in your contract as well. If you don't do anything wrong, the worst that can happen is that the RA will know what color underwear you have.
 

CdwJava

Senior Member
Schools have a great deal of liability when you live in their property. Do you really think that if you died of alcohol poisoning, or fell out a window, or were assaulted by a drunken dorm-hall mate, that your family wouldn't sue the Hannah out of the college? It happens all the time.

So, until you remove the liability from the university, they are going to craft a means to protect themselves.

If you do not like the searches, move to an apartment in town. Or, if charged with a criminal offense, hire an attorney and fight it.

In the meantime, as suggested, you can refuse to give consent for a search and thereby give yourself a defense if charged (provided you did NOT sign an agreement permitting searches).

- Carl
 

cyjeff

Senior Member
Okay, just to be clear, I have reviewed the University of Alaska's student handbook.

Nice looking campus, by the way...but this is the only handbook I have ever seen with an entire section dedicated to "Bear Safety"....

Anyway, I digress...

Let's start here... with the relevant part of the code of conduct...

Misuse of Alcohol or Other Intoxicants or Drugs
Examples include:

Use, possession, manufacture, distribution, or being under the influence of alcoholic beverages on property owned or controlled by the University or at activities authorized by the University, except as expressly permitted by law, Regents’ Policy, University Regulation, or UAS rules and procedures; or

Use, possession, manufacture, distribution, or being under the influence of any narcotic, controlled substance, or intoxicant on property owned or controlled by the University or at activities authorized by the University, except as expressly permitted by law, Regents’ Policy, University Regulation, or UAS rules and procedures​
.
Okay, and from the rules of the Housing department....

Alcohol
The privilege granted by the Office of Residence Life to individuals to consume alcoholic beverages in student housing should not interfere with the basic purposes, functions and environment of the university or the residential campus community. These basic purposes would include the department’s effort to:

encourage the intellectual, ethical and social growth of its students;
allow for substantial areas of personal freedom for students to know and practice standards of mature behavior, yet assure that such behavior does not infringe upon any student’s right to privacy, to study and to rest within their residence facilities;
acknowledge the behavior of students as one of the factors which gives witness to the academic excellence and campus culture of the university and its attractiveness as a place for teaching and learning.​

It is the intention of the Office of Residence Life to retain these basic assumptions within its alcohol policy:

A.
The use of alcoholic beverages on the campus should be in compliance with approved State, Federal and local laws, including, but not limited to the following:

A person less than 21 years of age shall not purchase alcohol, consume alcohol in licensed premises or possess alcohol. A person who furnishes fraudulent identification to a person less than 21 years of age, or a person less than 21 years of age who uses a fraudulent identification to purchase alcoholic liquor, is guilty of a misdemeanor.

Alcohol shall not be sold or furnished to a person unless the person has attained 21 years of age. A person who knowingly sells or furnishes alcoholic liquor to a person who is less than 21 years of age is guilty of a misdemeanor. (This includes hosting under-21 residents in an over-21 apartment where the minor is found to have consumed alcohol.)

A person less than 21 years of age shall not knowingly transport or possess, in a motor vehicle, alcohol unless the person is employed by a licensee under the Liquor Control Commission Act or an agent of the Liquor Control Commission and is transporting or having the alcohol in a motor vehicle under the person’s control during regular working hours and in the course of the person’s employment. A person who violates this subsection is guilty of a misdemeanor.

A person shall not transport or possess alcohol in a container which is open, uncapped or upon which the seal is broken, within the passenger compartment of a vehicle.​


B.
The primary responsibility for knowing and abiding by the provisions of the Office of Residence Life’s alcohol regulations rests with each individual student; however, the department has the authority to deal with infractions of such regulations by the procedures of due process as set forth in this Residence Life Handbook.

The Residence Life alcohol policy as stated hereunder shall govern the use of alcoholic beverages in the student housing complex at the University of Alaska Southeast: Alcoholic beverages may be possessed, or consumed by members of the residential community who are of legal status to possess or consume such beverages as defined by the laws of the State of Alaska. No alcoholic beverages are to be possessed or consumed at any time or place in UAS Student Housing or its buildings unless specifically authorized by the provisions of this policy.

In student housing facilities, students eligible to possess or consume alcoholic beverages are to do so only within the privacy of the apartments of students who can legally possess or consume alcoholic beverages. Any apartment in which all residents are of legal age will be designated an “over-21” apartment, and can thereby host the consumption of alcohol by any persons of legal age. An apartment in which even one resident is under the age of 21 shall remain a substance-free apartment. Alcohol is not to be stored or consumed in a substance-free apartment, even in private rooms of those who are over the age of 21.

The entirety of Banfield Hall is a substance-free facility, save for the private apartment of the professional live-in Residence Coordinator. Alcohol may be stored and consumed in family housing units in which at least one adult is of legal drinking age. The presence of minors in family units when alcohol is being consumed is permitted only if the child’s parent or guardian is present. Minor residents of family residents may not be in the presence of open containers or consumption of alcohol in single student apartments or when his or her legal guardians are not present.

Consumption of alcoholic beverages “in the privacy of (a student’s) apartment” is interpreted to mean only within the apartment and with the door to the apartment closed, and provided that there are no more than 12 persons in an apartment at one time. Students under 21 years of age may not be present when alcohol containers are open or alcohol is being consumed.

At no time shall the number of occupants at any gathering exceed the safe occupancy limit for the room or units used. Up to 20 individuals over the age of 21 may be present when alcohol is being consumed if the residents of the apartment register the gathering as a party. See the “Party Registration” section of this handbook. Any gathering that does not exceed three times the occupancy of the unit (12 persons total) need not be registered as a party.

No common sources of alcohol or other concentrations of alcohol which require a common container are allowed on the campus or any of its facilities, e.g., “trash cans.” Containers requiring the use of a “tap system” are also not allowed on the campus or in any of its facilities. Any use of such a container must be in consultation with, and approval of, the Residence Life Manager. Kegs and similar containers may not even be present when empty, used as furniture or decoration, etc.. Likewise, excessive amounts of liquor bottles in any single apartment may be considered a common source of alcohol. Persons found responsible for common sources of alcohol will be fined $200 each.

Alcohol is not to be consumed on porches, roofs, decks or other exterior structures of living units, nor on their lawns or grounds. Alcohol is not to be consumed in common areas within the student housing complex, including anywhere in the Lodge or in outdoor common areas such as the pavilion, the basketball court, sidewalks, parking lot, etc..
Residents under the age of 21 who are found in the presence of alcohol, or who appear to be intoxicated, will be asked to take a breathalyzer exam unless they willingly admit guilt. Students are not required to take a breathalyzer exam, but the election not to take the exam will be treated the same as an admission of guilt when judicial hearings are conducted and sanctioning is assigned. Any alcohol found to be in the possession or presence of under-21 year-old individuals without the presence of an over-21 individual will be disposed of immediately.

Residents under the age of 21 may not possess or transport empty bottles or alcohol containers, nor any glass or container in which alcohol residue or remnants can be detected. These materials will be considered alcohol paraphernalia and be confiscated by the responding staff members.

The brewing or production of alcohol is not permitted in UAS Student Housing.

Public intoxication and disorderly conduct of an intoxicated individual, including a resident who may legally consume alcohol, will not be tolerated.

The consumption of alcohol by non-residents of an illegal age, especially minors under the age of 18, will be reported to the police.


The use of alcohol as an inducement to participate in an event on campus is prohibited. Any advertisement or invitation for an event where alcoholic beverages are served shall prominently note the availability of nonalcoholic beverages also. Any such advertisement or invitation shall not make reference to the amount of alcoholic beverages available at the event.

The violation of any portion of this alcohol policy may result in the search of the living unit where the violation was found to take place, especially in designated under-21 residences.
The sale of alcohol in any form or shape is not permitted on the University of Alaska Southeast campus
.
So, the good news is that you agreed to being searched at any time when you agreed to reside in University Housing.

Don't store alcohol in your room, and look out for bears.
 
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