Former Geneva doctor accused of rape fights search that revealed indoor pot farm
A former Geneva doctor accused of a sexual assault is fighting a search of his St. Charles home in spring 2015 while he was out on bond during which authorities seized 26 pounds of marijuana, more than 100 plants and a handgun.
Mark G. Lewis, 57, is challenging whether authorities had probable cause to search his home on the 0-99 block of Squire Lane.
In court motions, Lewis argues the search violated his Fourth Amendment protection against unreasonable search and seizure.
“The true facts on this case were misrepresented and falsified” to the judge who signed the warrant, Lewis argued.
Lewis contends members of the Illinois State Police's North Central Narcotics Task Force illegally went on his property to get items from a garbage can.
In an affidavit used to secure the warrant, police wrote they removed three white trash bags from a green garbage can at the end of Lewis' driveway the night of Sunday, May 3.
Searching the trash was based on an anonymous tip from December 2014 that Lewis was selling pot out of his home, and police reported they found paperwork with Lewis' name on it, empty boxes of plastic food storage bags and leaves that tested positive as marijuana. The affidavit did not state how much the marijuana weighed.
In court papers, Lewis argues he did not move the garbage can out of his attached garage that night and the marijuana in the garbage bags was just .5 grams.
“It was the custom and habit of (Lewis) to only place his garbage can at the end of his driveway for collection once the can was full, and not on a weekly basis,” Lewis wrote.
He also argued the home was purchased in 1996, placed in a trust, and was therefore exempt from drug forfeiture laws.
If a judge rules authorities lacked probable cause to obtain the warrant, all evidence and drugs seized will be inadmissible in court.
Lewis was charged with two counts of criminal sexual assault in July 2014. He is accused of attacking a woman he knew in November 2012 at his home.
Lewis was free on bond in the rape case when authorities searched his home in May 2015, seizing an estimated $600,000 in processed marijuana, 119 plants and a handgun, which Lewis could not possess while on bond.
A judge revoked Lewis' bond in May 2015.
Lewis faces between 12 and 60 years in prison if convicted in the drug case and up to 30 years in the rape case.
He is due in court Dec. 9.