Case Result: Unconstitutional Detention in Penn State Dorm

Client attended a dorm party at Penn State’s University Park Campus when campus police raided the gathering. Officers stationed themselves at the doorway and refused to allow anyone to leave unless they submitted to a portable breath test (PBT). Students who registered a zero reading were permitted to exit. Those who tested positive for alcohol were required to provide identification, and anyone under 21 was cited for Underage Consumption of Alcohol under 18 Pa.C.S.A. § 6308. Client submitted to the PBT, tested positive, and was issued a non-traffic summary citation for Underage Drinking.

Client retained State College criminal defense lawyer Jason S. Dunkle to contest the charge before a Magisterial District Judge. Attorney Dunkle argued that the breath test results should be suppressed because the police did not have individualized suspicion that Client had been drinking or possessing alcohol.  Attorney Dunkle noted that the cases of Commonwealth v. Wood and Commonwealth v. Mistler supported his argument that Client’s detention was unlawful and violated his constitutional rights.  If Client was illegally detained, then his consent to submit to the PBT was coerced and must be suppresed.

The judge agreed with Attoney Dunkle and ruled that the detention violated Client’s constitutional rights and thereby granted the suppression of all evidence.  Client was found Client NOT GUILTY. Attorney Dunkle then filed an expungement petition in the Centre County Court of Common Pleas to remove the dismissed charge from Client’s criminal record.