Gilberts man released after search ruled illegal
Prosecutors have dropped charges against a 42-year-old Gilberts man who was arrested in spring 2014 after authorities raided his home and found 15 pounds of cocaine and 23 pounds of marijuana.
Judge James Hallock ruled Nov. 13 police failed to get consent from Martin Reyes-Hernandez to search his home on the 100 block of John Boor Drive; therefore, the drugs seized would not be admissible at trial.
Reyes-Hernandez was released Friday morning after he had been held on $900,000 bail at the Kane County jail for more than 500 days, and prosecutors dismissed the charges Thursday.
Defense attorney Robert Rascia said his client was relieved to be released.
Rascia said the testimony from two Cook County Sheriff's Department officers who participated in the search made it evident that authorities never obtained permission to search the home.
"Those police officers never even bothered to ask for consent," Rascia said. "The report they wrote was an embarrassment."
At a recent court hearing, Reyes-Hernandez testified he was in his attached garage walking into his kitchen when he was surrounded by police who began to question him and later searched his home.
Even if he declined to give consent, authorities could have asked a judge for a search warrant.
In addition to the cocaine and marijuana, authorities also seized $7,900, scales and packaging material at Reyes-Hernandez's home. He faced between 12 and 60 years in prison if the case had gone to trial and he was convicted of the most severe charges.
"I'm all for law enforcement seizing contraband, but if you're going to do this, at least take steps to do it the right way," Rascia said.