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Ky.'s High Court Vacates Student's Drug Conviction

kentuckydelts.com

Kentucky's highest court says a fraternity house should be considered a private residence in a search-and-seizure case stemming from a college student's drug conviction after police found marijuana in his room.

In the unanimous ruling Thursday, the Kentucky Supreme Court vacated the student's guilty plea and sent the case back to the trial court.

The case stems from a decision by three University of Kentucky police detectives to enter the Delta Tau Delta fraternity without a warrant to search the house. The detectives were responding to a tip the student was selling marijuana.

Another student pointed to the defendant's room and the detectives found a jar of marijuana on the coffee table.

The high court says the evidence discovered as a result of the detectives' unlawful entry should be suppressed.