Gilberts man fights search that netted cocaine, pot
A Gilberts man argued Wednesday he never gave authorities permission to search his home last year when 15 pounds of cocaine and 23 pounds of marijuana were seized, along with $7.500.
Martin Reyes-Hernandez, 42, of the 100 block of John Boor Drive, says police violated his Fourth Amendment protection against unreasonable search and seizure when they entered his home May 28, 2014, without a warrant. He was later charged with possession of heroin and cocaine with intent to deliver.
Defense attorney Robert Rascia argued that testimony from two police officers during an Aug. 5, 2015, hearing before Judge James Hallock was devoid of details to establish probable cause for the search.
Rascia noted one officer replied 68 times with "I don't recall" when pressed for details from the search when testifying in August.
Reyes-Hernandez did not give written consent and the two officers never wrote in their report that Reyes-Hernandez gave verbal permission because it never happened, Rascia argued.
"They crossed the threshold (into the house) without anyone's permission. There was no probable cause," Rascia said. "They never told (my client) what the word 'consent' meant. What they most certainly never did was ask Mr. Reyes-Hernandez for his permission to search his home without a warrant. They left him no option. They told him what they were going to do and they went out and did it."
Through an interpreter, Reyes-Hernandez testified he went to school only through the junior high level in Mexico and that he spoke little English.
He testified he was in his attached garage the morning of May 28, 2014, and was confronted by police in his home as he opened the door to go into his kitchen.
The officers asked if he lived there and for his name, searched him for weapons, and said they were doing a narcotics investigation and fanned out across the house, Reyes-Hernandez testified.
"Then they wanted to ask me more questions about what they found," he testified.
Kane County Assistant State's Attorney Bridget Sabbia acknowledged an officer wrote a "poor report" on the search but maintained the testimony was credible and consent was given.
"They asked the defendant questions. No commands were given. No threats were made," Sabbia said. "The tone of the conversation was casual. They asked him if they could search his house. They didn't tell him."
Hallock will rule on the matter Nov. 13. If the search is quashed, none of the drugs seized will be admissible in court as evidence.
Reyes-Hernandez was being held on $900,000 bail and must post $90,000 and prove it came from legitimate sources to be released from the Kane County jail while the case is pending.
He faces up to 60 years in prison if convicted.