The police followed me from the liquor store and then charged me with Furnishing Alcohol – Was that legal?
Common Scenario: Surveillance at Liquor Stores Leads to Furnishing Charges
Furnishing Alcohol to Minors charges are common in State College based upon the number of Penn State students that are caught purchasing alcohol for minors. Police frequently conduct undercover surveillance in the parking lots of liquor stores or beer distributors. These operations often play out as follows:
✅ Police watch as a person exits a liquor store and gets into the passenger side of a car.
✅ Police follow the vehicle.
✅ When the purchaser gets out of the vehicle without all of the alcohol, police detain both the purchaser and the vehicle occupants.
✅ Underage passengers often admit they provided money for the alcohol.
✅ The purchaser is later charged with Furnishing Alcohol to Minors under 18 Pa.C.S. § 6310.1.
Is This Legal? Centre County Judges Say Yes
Many people question whether this type of police investigation is legal. The short answer: Yes, it is.
Centre County judges have ruled that these situations give police reasonable suspicion to conduct an investigative detention. Here’s why:
People over 21 typically enter the store together to purchase alcohol.
Those under 21 are often not permitted inside.
If someone stays in the car, it’s reasonable for police to suspect they may be underage.
Police don’t need to know a person is underage — they only need reasonable suspicion based on the circumstances.
When the purchaser leaves the vehicle without all of the alcohol, they have effectively transferred possession to the underage person, supporting the Furnishing charge.
What Happens to the Underage Passengers?
In many cases, the underage individuals are charged with Possession of Alcohol by a Minor, a summary offense. However:
Those charges are often dropped if the underage individuals agree to testify against the purchaser.
The fact that the underage person wasn’t charged — or had charges dismissed — is not a defense to a Furnishing Alcohol to Minors charge.
Is This Entrapment? No, It’s Legal Police Work
Some argue that these undercover operations seem excessive for alcohol-related offenses. But under Pennsylvania law, this is not entrapment.
What is Entrapment?
Entrapment occurs when police induce or persuade someone to commit a crime they wouldn’t have otherwise committed. For example:
❌ Using an undercover officer to offer alcohol in exchange for something like sexual favors would be entrapment.
But simply observing suspicious activity in an area known for alcohol purchases — like liquor store parking lots — is legal. It’s no different than:
✔️ Police staking out bars at closing time to look for drunk drivers.
✔️ Officers watching high-crime areas for illegal activity.
While these operations may seem like “shooting fish in a barrel,” courts have consistently ruled that they are common sense law enforcement, not entrapment.
Charged with Furnishing Alcohol to Minors in State College? Get Legal Help.
If you’ve been charged with Furnishing Alcohol to Minors, whether after a liquor store surveillance operation or at a party, you need experienced legal representation. Attorney Jason Dunkle has successfully defended thousands of Penn State students facing alcohol-related offenses in State College.
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.