Student’s drug conviction tossed

Sara Ganim

BELLEFONTE — The state Superior Court has thrown out the conviction of a Penn State student on a drug paraphernalia charge, saying a State College police officer had illegally entered the student’s apartment when he found a marijuana pipe.

“This is the most egregious Fourth Amendment violation I’ve ever seen,” said public defender Sean McGraw, who filed the appeal on behalf of Collin A. Rowe, a student from Bethlehem who was at work around 10:30 p.m. June 8, 2007, when State College Cpl. Bill Muse entered his house through an unlocked back door.

The Superior Court opinion overturns Rowe’s April 2008 conviction at a trial by judge, and sent the case back for a new trial before Judge Pamela A. Ruest.

“Muse had no lawful right of access to the pipe,” the court wrote. “Thus, we conclude that the entry into (Rowe’s) residence by Corporal Muse was illegal and any evidence seized in violation of (Rowe’s) constitutional rights should have been suppressed.”

State College police did not reply to queries seeking comment.

Muse had testified that he was helping with downed wires on a stormy night when he noticed Rowe’s back door was open and began searching all three floors of the house, calling out his name as he did so.

When he got to Rowe’s bedroom, he searched the trash can and the closet and then found a pipe on Rowe’s desk. Muse took the pipe and left his business card in its place, asking Rowe to call him.

The problem was Muse “noticed nothing out of the ordinary” before going into the house, the court wrote.

“As the testimony established, there was no suspicious activity under investigation, there were no suspects, armed or otherwise, believed to be present or feared to flee, there was a dearth of probable cause regarding any event, and the police entry was at night,” the court wrote. “Weighing the above factors under the circumstances of this case, we conclude that no exigency existed to justify Corporal Muse’s warrantless entery into (Rowe’s) residence.”

Rowe’s attorney, Sean McGraw, said this practice isn’t uncommon, and he’s glad to see this case will not only help Rowe, but other students who may find themselves in this situation in the future.

“It is precedent-setting,” McGraw said. “I have had ongoing concerns about the continued viability of the Fourth Amendment in downtown State College.”

Sara Ganim can be reached at 231-4616.

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