Friday, April 20, 2012

Judge Wants More Details on Summer Camp (2011) Arrests

A defense attorney in several Putnam County drug-related cases has raised the issue of possible entrapment of people passing through the area last May on their way to a popular music festival in Chillicothe.
The issue was discussed during evidence-suppression hearings last week in Putnam County court.
According to testimony, in many traffic stops along Illinois Route 29, two police officers taking part in a multi-agency effort were positioned on opposite shoulders of that highway and about 100 yards apart. One vehicle, containing a drug-detecting dog and handler, would have the emergency lights flashing.
If motorists driving by that vehicle did not pull entirely into the left lane, the officer down the road would promptly pull them over for failing to yield to an emergency vehicle. Then the K-9 officer would quickly drive up and approach the stopped vehicle with the dog.
Those tactics led to a number of arrests of people on their way to the Summer Camp event on May 26 and 27. At least six of them were among the 28 defendants local attorney Roger Bolin is representing in efforts to get the charges thrown out.
“Why was that (K-9 unit) there?” Bolin asked during one hearing. “Was he there to entrap people into this particular charge?”
Marseilles Officer Jacob Callahan had made that stop and many others as part of an 11-agency effort that produced about 140 drug arrests, but has been described by officials as a “traffic safety detail.” Callahan repeatedly insisted he had no idea why dog-handler Mike Hammen had been parked there with his lights flashing at many times during a two-day period.
“We don’t entrap people,” Callahan replied.
Possible entrapment is one of the issues Circuit Judge Stuart Borden directed Bolin and State’s Attorney James Mack to address in written arguments after the hearings concluded Thursday. Others include whether the officers from outside agencies were properly deputized, and whether the numerous stops at two command posts were really aimed at traffic safety.
“I want you to argue whether this was drug interdiction or traffic safety,” Borden told the lawyers.
Bolin has alleged illegal search and seizure through “an unconstitutional drug interdiction program.” Mack has acknowledged there were no specific grounds for suspicion of drug-possession, but defended Sheriff Kevin Doyle’s assertion the underlying effort was to promote traffic safety.
“The traffic detail was instituted to protect the lives and property of those traveling Putnam County highways on these unusually high traffic days,” Mack argued in court documents. The deputization issue has two prongs. One is whether about 24 outside officers from a three-county drug task force called TRI-DENT were properly appointed as county deputies that weekend. The other stems from a 1992 County Board resolution limiting the number of county deputies to a total of four.
Borden told Bolin and Mack to address that issue and also the possible consequences. “If they were not (properly deputized),” he asked them, “what’s the sanction?” For instance, he asked, should evidence be suppressed, or should other steps be taken.
Borden threw out one case because of no probable cause for the traffic stop. He said he will rule on all others after a Feb. 23 deadline on all written arguments.“There’s a lot of issues involved here,” Borden said. “Some cases have more issues than others.”
http://www.chillicothetimesbulletin.com/news/x364055779/Judge-wants-more-details-on-Summer-Camp-arrests

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