State College Marijuana Evidence Suppressed – Beyond Scope of Search Warrant Case

The police used a Confidential Informant to buy drugs from a fraternity member. The police obtained a search warrant to enter the fraternity and search the drug dealer’s room for evidence. After searching the dealer’s room, the police began to walk through the fraternity even though the warrant did not give them authority to search other rooms or walk around the house. The police knocked on another bedroom door. When the door opened, the police saw a bong in the bedroom. The police obtained another search warrant to lawfully enter and search the room. The search led to the discovery of marijuana and related paraphernalia, so Client was charged with misdemeanor charges of Possession of a Small Amount of Marijuana and Possession of Drug Parapheranlia.

Pre-Trial Motion to Suppress Filed

State College marijuana possession defense attorney Jason S. Dunkle filed a pre-trial motion to suppress and argued that the first warrant only gave the police legal authority to enter the fraternity and search the dealer’s bedroom, so the police were required to exit the fraternity after searching that room. The argument was that the police exceeded the the authority given by the first warrant when they walked around the fraternity house. At the scheduled hearing on the motion to suppress, the prosecutor agreed to dismiss the misdemeanor drug charges if Client agreed to plead guilty to a summary offense of Disorderly Conduct.