Judge Delays Suspension of Collegian Over Search, Pot Bust
September 1, 2006
Boston Herald
BURLINGTON, VT. -- A judge has delayed the suspension of a University of Vermont student caught with marijuana because of concerns that the dorm-room search was illegal.
David Sleigh, a lawyer for 19-year-old sophomore Ian Collins, said the University shouldn’t be able to suspend Collins because the evidence was obtained illegally in an Aug. 26 search by campus police, acting on a tip from his roommate.
Collins was suspended and ordered off campus as a result.
Sleigh, who has filed a suit against the university, says police entered the room without a warrant, a violation of the U.S. Constitution’s ban against illegal search and seizure.
On Thursday, Chittenden Superior Court Judge Geoffrey Crawford banned the university from suspending Collins but said he must live off campus until the case is resolved. He said the case raises serious issues.
The university stands by its handling of the matter, spokesman Enrique Corredera said.
“There is plenty of precedent across the country in cases both at the state and federal court levels that have affirmed the university’s rights to establish internal judicial disciplinary systems that handle a range of cases involving a violation of university policies, as well as the ability to conduct these types of administrative searches for health and saftey purposes,” he said.
“We believe that we have acted appropriately and look forward to presenting our case in court,” Corredera said.
In the police report filed over the incident, Officer Brandon King said Collins’ roommate said he felt sick after smoking marijuana Collins had supplied. The search found 27 grams of marijuana, two pipes and other paraphernalia, King said.
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