Friday, June 27, 1997
Judge rules evidence inadmissable
By RICHARD HORN/ Abilene Reporter-News
Prosecutors can't use evidence obtained in the dorm room search
of a college student accused of possessing cocaine and a pistol,
a judge ruled.
Paul Regis Stewart, 22, of Conroe, a former Abilene Christian
University student, was scheduled to stand trial this week on
the felony drug and weapons charges.
But state District Judge Jess Holloway granted a defense motion
disallowing the evidence found during the 1994 search of Stewart's
ACU dorm room.
Acting on information from a student threatening suicide, the
dorm director and a security guard searched Stewart's room looking
for a gun. In a drawer they found two syringes and a bullet.
Police and the school's dean of students then conducted a full-scale
search and discovered cocaine and the gun hidden in the tiled
ceiling. The evidence was seized without a search warrant and
Stewart was charged.
The state contended the university and police had Stewart's
consent to search his room because he had signed a standard release
when he enrolled and contracted to live in the dormitory. Those
releases say school officials can search rooms at any time.
But school officials could not produce the signed contract.
It had apparently been lost, and the defense argued there was
no evidence Stewart ever signed it.
"Even if they'd had it, however, it wouldn't make any
difference," attorney Mike Fouts said. "You cannot contract
away your constitutional rights."
Fouts cited case law ruling such searches illegal at state
universities and contended it applies to private universities
as well. Holloway granted the motion but encouraged the state
to appeal to settle the question.
Prosecutors have not yet decided if they'll appeal, Assistant
District Attorney Dan Joiner said.
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