Lawyer says Elgin police on 'witch hunt'

The attorney for an Elgin man and tobacco shop owner charged with marijuana and drug paraphernalia possession says her client is the target of a "witch hunt."

Caroline Hernandez, who represents Todd LaMare, owner of Ozzie's Smoke Shop, 11 National St., Elgin, said a police search warrant on his store last week was devoid of specifics and ultimately lacking in probable cause.

"My thoughts in reading it was (police) were on a fishing expedition," Hernandez said. "It's a witch hunt and they're not going to find anything."

LaMare is accused of possession of between 2.5 and 10 grams of cannabis, along with possession of drug paraphernalia, both misdemeanors. The 46-year-old was arrested and charged last Thursday after police executed a search warrant at his shop. He has posted bond and is due in court on May 9.

Elgin Police Sgt. Dennis Hood said Tuesday that the warrant was executed at about 4 p.m.

Hood said there were "multiple" or "more than one" pipes recovered from the store, but "they were not in the sale area." A police department press release Saturday indicated that "several" pipes were recovered from an office area; the criminal complaint against LaMere states 4.6 grams of cannabis were found, along with a multicolored glass pipe.

Hood would not comment on what information police had that led them to search the store.

Law enforcement agencies are required to go before a judge to establish probable cause and thus a reason why the search should be done in the first place.

Although the charges carry possible maximum terms of up to a year in jail upon conviction, it is extremely rare for offenders to spend significant time behind bars for misdemeanors.

A copy of the search warrant provided by Hernandez Wednesday showed police were looking for: cocaine; items used to make, deliver or process cocaine and other controlled substances; any and all monies connected to drug sales; weapons; "documents related to drug sales;" photos and other documentation, "in particular photographs of co-conspirators;" and cell phones.

Hernandez said that to her knowledge, none of those items were found. Hernandez said LaMere is a family man, married with eight kids, and he opened the shop last spring because he was tired of working 15-hour days in the restaurant business.

Meanwhile, members of the group South West Area Neighbors, or SWAN, want the city to take a tougher stance on issuing tobacco licenses, such as requiring 75 percent of revenues come from tobacco sales, like a similar restriction placed on liquor licenses.

Others argued that the "tobacco pipes" for sale at the store lead to drug use and crime.