Boone County Court Suppresses Evidence in Controlled Substance Possession Case

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Botto Gilbert Lancaster, PC, Attorney Francisco J. Botto’s Motion to Suppress evidence was granted and all charges against the Defendant have been dismissed.

Attorney Francisco J. Botto

Attorney Francisco J. Botto

“After a hearing on the merits of the motion, the court concluded that the officer did not have probable cause to search the defendant’s vehicle,”

A Boone County judge granted a motion on June 14 to suppress the evidence from a vehicle search that led to a man being charged with drug possession.

Marengo, Illinois, resident Anthony Struck has been charged with possession of a controlled substance in the case of People v. Anthony Struck, Case No. 18 CF 102.

Francisco J. Botto of Botto Gilbert Lancaster, PC, is serving as Struck’s criminal defense attorney and filed the motion to suppress.

“After a hearing on the merits of the motion, the court concluded that the officer did not have probable cause to search the defendant’s vehicle,” Botto said.

On March 5, a police officer stopped the defendant for allegedly failing to signal before reaching an intersection. The officer claims that he saw marijuana in plain view inside the defendant’s car and ordered the defendant to exit the vehicle while he conducted a search. The officer allegedly found narcotic medication without a prescription.

According to Botto, the substance that the officer viewed in plain sight did not look like marijuana, and it cannot be confirmed whether that substance was marijuana because the officer did not keep it as evidence.

Botto said that the judge reasoned that the officer did not have grounds to search the entire vehicle without checking whether the substance he initially viewed was illegal.

Crystal Lake, Illinois, attorney Francisco Botto is a managing partner at Botto Gilbert Lancaster, PC. He has successfully tried numerous criminal cases to a verdict, including cases involving serious felony charges. He also works extensively on litigation for personal injury and workers’ compensation cases.

About Botto Gilbert Lancaster, PC:

The law firm of Botto Gilbert Lancaster, PC is located in Crystal Lake, Illinois. The firm’s experienced McHenry County attorneys work within a wide-range of practice areas including real estate law, workers' compensation, personal injury, family law, criminal law, and business law. The firm effectively represents individuals and businesses throughout Northern Illinois in the counties of McHenry, Lake, DeKalb, Cook, Boone, Kane, and Winnebago. Call 815-338-3838 or fill out our online contact form to schedule a free initial legal consultation with Botto Gilbert Lancaster, PC, today.

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