Busted and Confiscated: What Happens to Your Drugs, Alcohol and More?

Photo Credit: Inspire Malibu Flickr

Julianna Keiter 

Staff Writer 

Imagine this: Drugs, alcohol and other illegal items have been found in your dorm during a room check, and they have been confiscated. But what happens to it after it leaves your dorm, and what happens to you? 

“For an item to be ‘confiscated’ it must be linked to criminal activity,” said ESU Police Chief Ralph Elick. “It is cataloged by the seizing officer and placed in locked storage. Sargant James Fisher then transfers the item for inventory and places it into evidence. The evidence room is of limited access to that of only Sgt. Fisher and the Interim Chief of Police and is under 24/7 video surveillance.” 

Sgt. Fisher currently supervises the property unit. He is a former NCIS officer who has recently completed training in Property and Evidence Unit Supervision. 

As Chief Elick continued, “Sgt. Fisher’s responsibility is to ensure that the evidence unit is operated in conformance with the US Constitution’s Fourth Amendment which protects citizens against unreasonable searches and seizures.” 

After the illegal items are confiscated, what happens the offender of the crime is detailed in the Annual Clery Crime and Fire Statistics Publication 2024: Reporting for 2023. 

It states that for underage drinking, a summary offense would be defined if they are, “less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages, as defined in section 6310.6 (relating to definitions).” 

The report then goes into detail of the penalty. 

“In addition to the penalty imposed pursuant to section 6310.4 (relating to restriction of operating privileges), a person convicted of violating subsection (a) may be sentenced to pay a fine of not more than $500 for the first violation and not more than $1,000 for the second and each subsequent violation.” 

“One of the most typical items confiscated is alcoholic beverages from those under 21 years of age,” said Elick. 

The Clery Report confirms this as the crime rates for 2023 show that in on-campus student housing, there were 29 liquor related disciplinary referrals and 16 drug related disciplinary referrals. There were also 22 liquor relayed arrests and five drug related arrests. 

There is only one weapon related disciplinary referral in 2023 with no arrests. 

When an object is confiscated, there is a lengthy process to retrieve the item.

“Officers will coordinate with the prosecuting attorney to determine if property stolen from a victim may be returned,” said Elick. “If the return is authorized, there is a signed form to document the transfer. If the item must be retained for court proceedings, a judicial order will be needed for its return.” 

ESU does not condone any illegal acts, as stated in the ESU Student Handbook.  

If you need counseling, treatment and/or education on the topic of alcohol and drugs, reach out to one of the campus resources detailed in the handbook.