A Blair County judge has ruled that statements made to police by a suspect in a drug investigation cannot be used during his upcoming trial because officers did not advise him of his rights to remain silent and to have an attorney present before questioning him.

But while Judge Jackie A. Bernard barred the use of possible incriminating statements by the suspect, she agreed police properly obtained a search warrant and confiscated a variety of drugs and drug paraphernalia from the suspect’s home on the 1200 block of 15th Avenue.

The evidence gathered by officers on Aug. 23, 2023, has led to the filing of 11 drug-related charges against Allen Lee Phelan Jr., 48, who is awaiting trial.

As Bernard expressed in a recent opinion, the case raises important constitutional questions surrounding the Fourth Amendment of the Constitution, which limits the ability of police officers to conduct “unreasonable searches and seizures” of a person’s home.

And, as she noted in her opinion, a question posed by the Phelan case is whether police have the authority to remain in a residence even after being asked to leave.

The case began with Phelan as an alleged victim of burglary.

He summoned police to his Altoona residence by reporting a suspected break-in through a back window.

Two officers were dispatched, and as Bernard explained in her recent opinion, there was a cordial conversation between law enforcement and the alleged victim that lasted for about nine minutes.

However, the investigating officers were both drug-savvy.

They knew about the color, texture and shape of controlled substances, and how drugs are packaged, and they knew about associated paraphernalia.

During a pretrial hearing, one of the officers noted that in investigating a burglary “it is standard practice to walk through the building (with the alleged victim) to identify anything broken and/or any missing items and to assess the general state of the residence.”

In their initial assessment they began to notice things.

There was a closet with a camera, white residue on a dresser, measuring spoons, smoking pipes and a pill grinder.

The officers noticed a safe with a door open and inside they eyed a 1-by-1 inch plastic bag containing “a number of clonazepam pills” in a stamped bag.

Eying the bag of clonazepam pills, Phelan was asked if he had a prescription for them.

He said he did, but at that point, Phelan’s demeanor changed.

He asked the officers to leave, but also at that point, the investigation of a burglary changed.

The officers concluded that nobody could have crawled through the broken window that Phelan pointed to as the possible entry point for a burglar, and the officers did not want to abandon the scene that now contained evidence of drug abuse “in plain view.”

Eventually, according to Bernard’s opinion, Phelan admitted he reported a burglary to have a report on record, all so he could get his landlord to pay for a new window.

The officers called their supervisor and he came to the house.

In the meantime, Bernard noted that police placed Phelan in a seat in his living room and wouldn’t let him leave the room.

“Defendant was not allowed to move about in his apartment (although he could use his cellphone),” Bernard pointed out.

During this time, he was told he might face charges of simple possession.

He continued to ask that police leave his home and he fended off questions, indicating he wanted to talk to his lawyer.

“Defendant additionally asked police permission to call his attorney, to have something to drink, and to turn on the air conditioning, all of which were denied by police,” Bernard reported.

The situation as it evolved was caught on the officers’ body cams.

“Considering the totality of the circumstances, defendant was subjected to custodial detention (even though he was in his own home) and was entitled to Miranda rights after he asked the officers to leave and they declined,” according to the judge.

The defense contended police spent approximately nine minutes lawfully in Phelan’s home.

He was continuously questioned.

Phelan was entitled to Miranda warnings, the defense maintained.

The prosecution argued that Phelan was not in custody and that he was “in the comfort of his own home.”

Bernard disagreed and concluded, “This Court is constrained to suppress all statements made by (Phelan) after he first told (the officers) to leave his home.”

While Judge Bernard granted suppression of possible incriminating statements Phelan made during his ongoing conversations with police, she ruled that the officers had seen enough evidence of drug activity “in plain view” to warrant the issuance of a search warrant.

In their search of the Phelan residence, police found 47 grams of fentanyl; packaged fentanyl valued at $25,000; 13 grams of methamphetamine valued at $1,300; 20 grams of marijuana valued at $600; nine Suboxone strips valued at $400; and 12 clonazepam pills valued at $150.

Police confiscated packaging materials, smoking devices and glass vials.

Phelan faces multiple charges of possession with intent to deliver, possession of a controlled substance and possession of drug paraphernalia.

He is represented by the Blair County Public Defender.

The case in Bernard’s courtroom has an offense date of August 2023.

Court records show that Phelan faces drug charges in two other active cases, with offense dates of Jan. 12, 2024, and April 1, 2024.

All of his cases are awaiting trial dates.