Lake County MEG officers execute warrant and arrest woman for possession. All evidence suppressed and case dismissed. Download the court records
Waukegan criminal defense lawyer Lewis Gainor was able to get a woman’s charges of unlawful possession of cannabis and drug paraphernalia dismissed without a trial.
The woman was arrested on April 27, 2006. She was in a relationship with a man who was involved in the sale of narcotics.
The Lake County Metropolitan Enforcement Group (MEG), which is a group of law enforcement authorities specializing in drug interdiction, had been surveilling the man for quite some time. Through their efforts, they had obtained enough evidence to establish probable cause and obtain an arrest warrant for him. However, they did not have a search warrant.
Lewis Gainor’s client was asleep at the house when they knocked down the door, charged inside, and placed her into handcuffs. They were looking for the man. The police officers took her to jail.
Lake County MEG found illicit drugs and drug paraphernalia throughout the residence. They bagged it and preserved the drugs for evidence. The Lake County State’s Attorney reviewed all the evidence, and even though it was not her house, the prosecution charged her with possession of cannabis and drug paraphernalia. Unlawful possession of cannabis can be a Class C misdemeanor or even a felony, depending on the amount of drugs seized. Unlawful possession of drug paraphernalia is a Class A misdemeanor.
Waukegan criminal lawyer Lewis Gainor filed a motion to suppress the evidence, alleging that the police had violated her rights when they barged into the home without the necessary search warrant. The court conducted a hearing on the motion on August 17, 2006.
Several Lake County MEG officers testified and defended their decision to search with only an arrest warrant, not a search warrant. Criminal defense attorney Lewis Gainor persuaded the court to grant the motion.
As a consequence, the prosecution had to drop all charges.
