Illegal Detention in Beaver Stadium at Penn State Game

The client was attending a Penn State football game at Beaver Stadium when he was detained by police inside the stadium. The police claimed that other fans had informed the police that the client had been disruptive and disorderly during the game. While the police questioned the client, they discovered that he had been drinking and that he was under 21. Therefore, the police issued the client a summary ticket for Underage Drinking, 18 Pa.C.S.A. 6308. Experienced Penn State underage drinking attorney Jason S. Dunkle represented the client before a State College judge at the summary trial. At trial, the client denied that he had been disorderly at the game. The Penn State police officer admitted that he had not personally observed the client being disorderly, so the officer had detained the client based upon a report from an unidentified football fan. The person that reported the disorderly behavior to the officer was not present in court, so Attorney Dunkle argued that the officer could not present hearsay testimony about what the person had told the officer. Attorney Dunkle argued that the detention of the client had violated his 4th Amendment right to be free of unreasonable searches and seizures, therefore all evidence found as a result of the illegal detention must be suppressed. The State College judge agreed with the criminal defense attorney’s argument and granted the suppression of evidence regarding the client’s intoxication and the fact that he was under 21. The client was found not guilty of Underage Drinking. The experienced Penn State expungement lawyer filed a petition with the Centre County court to have the not consumption of alcohol by minor charge removed from the client’s criminal record.