PA Court Overturns Marijuana Conviction After Illegal Search

Posted in Fourth Amendment on June 29, 2025

The Pennsylvania Superior Court recently issued a decision that reinforces the rights of homeowners to be free from warrantless police searches. In Commonwealth v. Duke, the Court ruled that evidence obtained from an illegal search of a man’s garage must be suppressed, leading to the dismissal of his marijuana manufacturing conviction.

This case highlights the importance of understanding your Fourth Amendment rights and why anyone facing drug charges in Pennsylvania should consult an experienced State College criminal defense lawyer.

What Happened in Commonwealth v. Duke?

In this York County case, Pennsylvania State Troopers arrived at Duke’s home looking for his adult son, Brandon, based on an out-of-state arrest warrant. The troopers did not have a search warrant for Duke’s home or property.

When the officers arrived, Duke was holding his small dog at the end of his driveway. He informed them that his son was incarcerated in Lancaster County Prison — a fact the officers later confirmed. Despite this, the troopers asked for permission to search Duke’s home, which he refused.

Duke then walked toward his garage, and even though he had clearly denied consent, the officers followed him onto his property. From outside the open garage door, they claimed to see a compound bow, a crossbow, a long gun, and marijuana plants. They entered the garage without a warrant, seized the evidence, and later obtained a warrant to search the house, uncovering more marijuana plants.

Duke was charged with manufacturing marijuana with intent to deliver, a serious felony in Pennsylvania.

Court Rules Police Violated Duke’s Rights

Duke challenged the search in court, arguing that the officers had no legal right to enter his garage after he denied them consent to search his property. The trial court initially ruled against him, reasoning that the officers were justified by “officer safety” concerns becuase they observed weapons.

On appeal, however, the Pennsylvania Superior Court disagreed. The Court made several key findings:

✅ The officers had no warrant to be on Duke’s property.
✅ Duke clearly denied consent for the search.
✅ Simply “not knowing his intentions” or assuming he might be violent does not justify violating constitutional rights. The mere presence of weapons is not unlawful.
✅ There were no “exigent circumstances” or immediate danger that permitted a warrantless search.

As a result, the Court ruled that the officers’ actions violated both the Fourth Amendment of the U.S. Constitution and Article I, Section 8 of the Pennsylvania Constitution, which protect against unreasonable searches and seizures.

The marijuana plants and any other evidence obtained after the illegal entry were excluded from evidence, leading to Duke’s conviction being vacated.

Why This Matters for Drug Charges in State College

This case is a powerful reminder that police cannot simply enter your home, garage, or property without:

✔ A valid search warrant
✔ Your consent
✔ An emergency situation (exigent circumstances)

If they do, any evidence they seize — drugs, firearms, or otherwise — may be suppressed, which often results in the charges being dropped.

Contact a State College Criminal Defense Lawyer for Help

Attorney Jason Dunkle obtained suppression of evidence in a warrantless search of a State College home.

If you or a loved one is facing drug charges after a police search, don’t assume the evidence against you is admissible. Let an experienced State College criminal defense attorney fight to have your charges reduced or dismissed.

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.