Woman's home raided by SWAT without a warrant. Arrested and charged with possession. Lawyer gets case dismissed for unlawful search.
Skokie criminal attorney Lewis Gainor recently helped a young woman who was arrested and prosecuted for the Illinois criminal charge of unlawful possession of cannabis and drug paraphernalia.
The case began on April 27, 2006. The woman was a resident of an affluent suburb of Chicago. She was dating a man at the time whose side business was the sale of narcotics.
The authorities had been investigating the man for a long time. By April of 2006, they had probable cause to obtain an arrest warrant for him. The Lake County Metropolitan Enforcement Group (MEG) was a special law enforcement unit comprised of the best detectives from several police agencies. They swooped down on her apartment on April 27, 2006.
She was sleeping at the time of the execution of the warrant. They knocked down the door and placed her into handcuffs. The police officers took her to jail.
In the house, they found many drugs and paraphernalia. The State's Attorney charged her with possession, and she faced up to one year in jail. The prosecution also threatened her by saying she would have to testify against her boyfriend, sending him to prison for a long time.
Lewis Gainor took on her case in late summer 2006. He filed a motion before the trial demanding that the charges be thrown out. Lewis Gainor alleged that the police had violated her rights when they barged into the home with their warrant. It was an unlawful and illegal search that violated her constitutional rights.
The police and prosecutor objected to the motion. The matter went to a full evidentiary hearing on August 17, 2006. A court reporter transcribed every word of testimony.
MEG sent in several police officers to defend their actions that day at the apartment. Each of them testified. Chicago criminal lawyer Lewis Gainor thoroughly cross-examined them about their conduct.
He was able to expose the fact that they had indeed violated her rights because they had searched her home without a warrant. The judge granted Lewis Gainor's motion.
The prosecution was forced to drop all charges.
