Warrantless Entry Into Home in State College DUI

Penn State Student’s DUI Charges Dismissed After Illegal Home Entry by Police

A Penn State student faced serious DUI charges in Centre County after being denied entry to a downtown State College bar for appearing intoxicated. Moments later, the bar’s bouncer observed the student driving erratically and called 911. A second witness also reported suspected drunk driving, following the student for about 2.5 miles until he arrived at his residence, entered a garage code, and went inside.

State College police arrived at the student’s home within five minutes of the 911 calls. After knocking on several doors without receiving a response, officers contacted a supervisor and waited approximately 30 minutes. Without obtaining a warrant, they entered the home without permission, found the student asleep in a bedroom, and arrested him. A subsequent blood alcohol test showed a BAC over 0.16%, leading to DUI charges under 75 Pa.C.S. § 3802(c). Because it was the student’s second DUI offense, he faced a mandatory minimum sentence of 90 days in jail, a $1,500 fine, and an 18-month driver’s license suspension.

Experienced State College DUI attorney Jason Dunkle, who focuses on defending Penn State students, filed a pre-trial motion to suppress the evidence, arguing that the warrantless entry violated the student’s constitutional rights under both the U.S. and Pennsylvania Constitutions. Prosecutors claimed the “medical emergency” exception justified immediate entry, or alternatively, that DUI was a sufficiently serious offense to allow for warrantless arrest.

The Pennsylvania Superior Court disagreed and ruled in favor of the defense. The court emphasized that no true medical emergency existed—Client had successfully driven home, opened the garage, and entered his home without signs of requiring urgent medical help. Moreover, the police’s 30-minute delay before entering undermined their own argument for urgency. The court held that police could have—and should have—obtained a warrant.

The court further ruled that even if officers initially believed a medical emergency existed, once they determined that medical aid was unnecessary, they could not proceed with a warrantless arrest inside the home. The court also rejected the prosecution’s request to create a DUI-specific exception to the Fourth Amendment warrant requirement.

As a result, the Superior Court reversed the conviction, ordered that all evidence from the illegal entry be suppressed, and sent the case back to Centre County Court. The District Attorney’s Office dismissed the charges, and Attorney Dunkle has filed for expungement to clear the student’s criminal record.