Drug Charges Dropped In BC Case After Improper Search

Prosecutors must drop drug charges against two former Boston College students after the state’s high court ruled that the evidence was seized illegally.

The Supreme Judicial Court ruled Wednesday that the students had not clearly agreed to let campus police search their dorm room.

Universal Hub reports:

Campus police originally showed up at Daniel Carr and John Sherman’s dorm room in 2007 after a residence assistant reported they might have a weapon. The two allowed officers inside, but after they handed over what turned out to be a replica gun, a folding knife and a throwing star, a police sergeant said he wanted to search the room more thoroughly. The students signed a waiver of a reading of their Miranda rights, but didn’t sign another form consenting to the search. When police searched the room, anyway, they found what was later identified as enough cocaine and psilocybin to indict the two for drug trafficking.

Middlesex District Attorney Jerry Leone said prosecutors cannot go forward with their case against the men without the drugs as evidence.

The officers did not have a warrant, but Leone said prosecutors still believe the entry was allowed under the school’s policy for students who live on campus. The court did not rule on that issue.

UHub also has the complete ruling.