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’s DUI charges were dismissed after State College police illegally entered his home without a warrant. Learn how State College DUI lawyer Jason Dunkle successfully fought the case.


Background: DUI Charges Against a Penn State Student

A Penn State student was charged with DUI in Centre County after being denied entry to a downtown State College bar for appearing intoxicated. Shortly afterward, the bar’s bouncer saw the student drive away and called 911 to report possible drunk driving. Another witness followed the student for about 2.5 miles until he arrived home, entered through his garage, and went inside.

Within minutes, State College police arrived at the residence. They knocked on several doors but received no answer. After waiting roughly 30 minutes and without obtaining a search warrant, officers entered the home without permission. Inside, they found the student asleep and later obtained a blood alcohol test showing a BAC above 0.16%. The student was charged under 75 Pa.C.S. § 3802(c) for high BAC DUI, facing a mandatory minimum of 90 days in jail, a $1,500 fine, and an 18-month license suspension due to a prior DUI.


Legal Challenge: Warrantless Entry Violated Constitutional Rights

State College DUI defense attorney Jason Dunkle, who regularly represents Penn State students facing DUI and criminal charges, filed a motion to suppress all evidence obtained after the illegal entry. Dunkle argued that the officers violated both the U.S. Constitution and Pennsylvania Constitution by entering the home without a warrant or valid exception.

Prosecutors claimed the warrantless entry was justified under the “medical emergency” exception, or alternatively, that DUI was serious enough to permit entry and arrest without a warrant.


Superior Court Decision: No Emergency, No Exception

The Pennsylvania Superior Court rejected the prosecution’s arguments and sided with the defense. The court ruled that no true medical emergency existed—the student had successfully driven home, entered his residence, and shown no signs of distress. Additionally, the police’s 30-minute delay before entering contradicted their claim of urgency.

The court emphasized that officers could have and should have obtained a warrant before entering. It further held that once police determined no medical emergency existed, they could not lawfully remain in the home to conduct a warrantless arrest. The court also refused to create a “DUI exception” to the Fourth Amendment’s warrant requirement.


Outcome: Charges Dismissed and Record Expunged

As a result of the court’s decision, the student’s DUI conviction was reversed, and all evidence obtained from the illegal entry was suppressed. The Centre County District Attorney’s Office dismissed the charges, and Attorney Dunkle filed for expungement to clear the student’s criminal record.

This case highlights the importance of knowing your constitutional rights and working with an experienced State College DUI lawyer who can identify police errors and protect your future.


Key Takeaways