They appear to be two separate, but similar processes. SLU has the right to "enter" to make sure that there are no "health or safety" concerns (which to them, would include underage drinking, but could also include the smell of a strange odor like gas or smoke from a burned pizza), and then, once they've entered, they have a separate right (and protocol) for "searching" the place. This, of course, is assuming that their reason for entering would necessitate a search (in the case of a smell of natural gas, they would simply check in the usual place and not under your bed or in your shoebox) For your purposes, I'd be more concerned with whether they followed the search aspect correctly, in that they received proper authority (unlikely at a late hour) and that two staff members conducted the search. If this is indeed the person who posed the earlier question, I feel that you and your friends did not suffer too much - I don't recall reading about any arrests or citations and the only loss you suffered was from the alcohol being discarded. And I'm sure, somewhere in your residence contract, is a clause buried in there saying something to the effect of if there is one underage person in the room, SLU would have the authority to confiscate any alcohol. Just be glad you didn't get a citation for providing for a minor and that they didn't find anything more serious. Disclaimer: This opinion is based on Missouri law and does not create any attorney-client privilege.
Nicholas Lindley
The Law Office of Nicholas Lindley
111 Westport Plaza,Maryland Heights, MO 63146
314-542-3118
http://lindleylegal.com
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