PA Court Overturns Gun Conviction Due to Illegal Hotel Room Search
Posted in Constitutional Rights,Fourth Amendment on June 28, 2025
If you were arrested for a gun offense in Pennsylvania after a hotel room search, you may have strong legal defenses based on your constitutional rights. The Pennsylvania Superior Court recently reversed a firearm conviction in Commonwealth v. Martin, 2021 PA Super 128, finding that police unlawfully entered a hotel room without a warrant, making the gun evidence inadmissible.
This case highlights the importance of understanding your Fourth Amendment rights and how illegal police searches can lead to criminal charges being dismissed.
What Happened in Commonwealth v. Martin
In December 2018, Ross Township police officers responded to a Holiday Inn on McKnight Road in Allegheny County for a reported smell of marijuana. The officers knocked on a hotel room door without announcing they were police. When a woman answered, an officer leaned into the room and observed Aaron Martin reaching over a chair.
Fearing Martin was reaching for a weapon, the officer entered the room, conducted a pat-down, and found a firearm in Martin’s pocket. Martin did not have a valid license to carry a firearm, and he was charged under 18 Pa.C.S. § 6106(a)(1) for carrying a firearm without a license.
Why the Court Granted Suppression of Evidence
Martin’s defense argued that the officer’s entry into the hotel room was unconstitutional and that any evidence obtained after the illegal entry should be suppressed.
The Superior Court agreed, finding:
✅ A hotel room has the same Fourth Amendment protections as a home.
✅ The officer physically crossed the threshold of the hotel room without a warrant or consent, violating Martin’s rights.
✅ The officer’s observation of Martin and discovery of the firearm were fruits of the illegal entry, making the evidence inadmissible.
✅ Without the firearm evidence, the Commonwealth’s case could not stand, and the conviction was reversed.
The Court emphasized that police cannot use their own unconstitutional conduct to justify further searches or arrests, and hotel guests have a reasonable expectation of privacy.
Key Takeaways for Pennsylvania Gun Charges and Illegal Searches
Police Need a Warrant, Consent, or True Exigent Circumstances to make a warrantless entry – the officer only partially entered the room, meaning half his body was in the doorway and half was out – but the fact that it was a minimal entry didn’t matter, it was still an entry
If officers enter your room illegally, any evidence they obtain may be suppressed.
Gun charges in Pennsylvania, including carrying a firearm without a license, can sometimes be dismissed if the evidence results from an unconstitutional search.
Hiring an experienced criminal defense lawyer is crucial to protecting your rights and challenging illegal police conduct.
Charged With a Criminal Offense? Protect Your Rights
At JD Law, we aggressively defend clients charged with possession offenses, including drugs and guns. If you believe your constitutional rights were violated during a police search, our experienced Pennsylvania criminal defense attorneys can help.
Contact JD Law for a Free Consultation
For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.