COURT THROWS OUT DRUGS SEIZED IN LYNDON SEARCH

Associated Press

ST. JOHNSBURY, Vt. (AP) Most of the evidence from a warrantless search of
a student's room by Lyndon State College officials can't be used against
the student, a judge has ruled.

It would violate defendant Zachary Thomas' Fourth Amendment right against
warrantless searches to allow evidence to be used against him that wasn't
in plain view when searchers entered his dorm room, Judge Brian Burgess
ruled.

Burgess, sitting in Vermont District Court for Caledonia County, ruled that
a ``bong,'' or water pipe, and other drugrelated items that were in plain
view when college officials entered Thomas' room could be introduced at
trial.

But he said that a search of drawers and closets in the room violated the
defendant's reasonable expectation of privacy. Most of the 37 items of
evidence affected by the judge's ruling were not in plain view and will not
be admitted into evidence.

Thomas has pleaded innocent to a charge of possession of marijuana.

Deputy State's Attorney Alan Singer argued that all the evidence should be
allowed in. He said Thomas knew that the college has a strict antidrug
policy and that Thomas had signed the ``terms and conditions'' for rooming
at the college, which allowed such searches.

The case began on April 13 when Kerrie Osborne, resident assistant at the
Poland/Rogers dorm, went into rooms to clear out students for a fire alarm.
She saw the bong and alerted other officials, who decided to search the
room.