In his motion, attorney Bill Thomas asks a judge to dismiss an alcohol related charge against 19-year-old Thomas Holloway.
Thomas contends the traffic stop on Duke's East Campus was illegal because of the university's affiliation with the United Methodist Church.
The North Carolina Court of Appeals stripped Davidson College police of their power to arrest in August, saying state-certified police at the Presbyterian school constitute inappropriate ties between government and religion.
The North Carolina Supreme Court is considering Davidson's appeal.
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