Should a drunken snooze during a college class be a criminal matter? A College of Marin student is testing the parameters of the issue.

Michael Trump, 25, appeared in Marin Superior Court on Wednesday to contest charges stemming from his arrest by campus police on Aug. 31.

The incident occurred at about 6:30 p.m. after authorities received an anonymous tip about a student who was apparently passed out drunk in class at the Science, Math, Nursing Building. The instructor tried to rouse the student and could not.

Campus police arrived and identified the student as Trump, a former student member of the Board of Trustees and elected officer of the Associated Students of College of Marin.

Campus police removed Trump from class, detained him and searched his backpack. The backpack contained a bottle of Sailor Jerry Spiced Rum.

Police conducted a breath test on Trump and got a blood-alcohol reading of .23 percent, which, had he been driving, would be nearly three times the legal limit of .08 percent.

Police booked him into Marin County Jail on suspicion of public intoxication and possessing an alcoholic beverage on school grounds. The Marin County District Attorney’s Office filed related charges, both misdemeanors. Trump pleaded not guilty.

His defense attorney, Charles Dresow of Ragghianti Freitas LLP, filed a motion to suppress the evidence. He argued that police did not have sufficient cause — based on the sight of a slumbering student and an anonymous tip — to conduct a warrantless search of the backpack.

Further, he said, it is not against the law to fall asleep in class.

“If it was illegal, I would be a real jailhouse lawyer,” he said.

Judge Terrence Boren heard the motion Wednesday and rejected it. Trump returns to court Friday for further proceedings, and Dresow said he will request a jury trial.

“It should be a school discipline issue not a criminal issue,” Dresow said after the hearing. “It should be handled by the school without the necessity of a criminal prosecution.”

Dresow said Trump plans to continue his education. Trump’s online profile from when he served on the Board of Trustees says he is a biomedical engineering student with plans to attend medical school.