In April, Peoria police raided a home in to search for evidence of a false Twitter account – “@peoriamayor” – which was being used to lampoon Peoria mayor Jim Ardis. The “good faith” of their actions has been called into question after they found marijuana in the house and charged a third-party roommate.
According to an article in the Peoria Journal Star, Mr. Jacob Elliot pleaded not guilty on Thursday, May 15 and has his case set for trial on June 30. The article states that his attorney will likely file a motion to suppress the evidence that lead to the defendant’s arrest. The police entered the home with a warrant to search for evidence of a false Twitter account, but they walked away having filed unrelated drug crime charges against the suspect’s roommate. The defendant’s attorney believes that this constitutes an unreasonable search and therefore makes his arrest unlawful.
On the other hand, State’s Attorney Jerry Brady believes that the police force’s actions were justified because they acted in “good faith,” meaning that they made an honest mistake. He is quoted as saying:
“The premise behind the good faith exception is that the police are using proper procedure to go forth in their effort, follow the law and conduct a proper search and seizure.”
In the 1984 U.S. v. Leon case, the Supreme Court ruled that evidence should not be excluded as long as the police acted in “reasonable good faith.” The question is whether or not the police acted in good faith when they found marijuana and charged the defendant when they were there for completely unrelated circumstances.
Criminal Defense for Unlawful Search & Seizure Cases
Have you or someone you know been charged with a crime after an unlawful police search? Call the law firm of Martin & Kent, L.L.C. today! Our DuPage County criminal defense attorneys have a solid understanding of Illinois criminal law and can provide the effective defense that you need. We will fight tirelessly against your charges, striving for the best possible outcome. Read our case results to see how we have successfully defended many past clients.Contact us today at (888) 388-9151 for a free consultation!