Pubdate: Sat, 12 Nov 2005
Source: Galesburg Register-Mail (IL)
Copyright: 2005 GALESBURG REGISTER-MAIL
Contact: http://www.register-mail.com/news/letters/index.html
Website: http://www.register-mail.com/
Details: http://www.mapinc.org/media/3864
Author: Carol Clark

METH CASE HANDED TO FEDS

Evidence Nixed Locally May Stand In Federal Court

MONMOUTH - Two Monmouth men allegedly caught with methamphetamine in 
their car are free from jail on the local charges but face similar 
charges in federal court.

Warren County State's Attorney Chip Algren said Friday Judge Greg 
McClintock has suppressed evidence of the meth found during a search 
June 21 by Monmouth's drug dog of a car occupied by Jeremiah Griffin, 
25, 715 S. Sixth St., and Jason Mettler, 24, 6 McEwen Court. After 
the evidence was suppressed, attorneys for Mettler and Griffin filed 
motions to have their bond reduced pending a pretrail conference Nov. 30.

Griffin's bond was reduced from $500,000 to a $500,000 recognizance 
bond. Mettler's bond was reduced from $200,000 to a $200,000 
recognizance bond. Both men were released from the Warren County Jail 
this week.

Algren said McClintock had no choice, based on Illinois Supreme Court 
rulings, but to suppress the evidence of the meth found in the car 
during the search. An Illinois Supreme Court decision found police 
cannot ask any questions unrelated to the traffic stop unless the 
officer is reasonably suspicious that some criminal activity is going 
on other than the reason for the traffic stop.

In Mettler and Griffin's case, a Monmouth Police officer stopped 
their car for a traffic violation. The officer then called for the 
canine officer and drug dog, which conducted a walk around the car 
and hit on the meth.

"Judge McClintock found the officer who made the traffic stop did not 
have enough reasonable suspicion to start asking questions unrelated 
to the traffic stop and to detain the car until the drug dog got 
there," Algren said.

Algren's only alternative was to contact U.S. Attorney Jeff Lange, a 
federal prosecutor based in Rock Island, to see if the feds would 
pursue the case now that the local evidence was suppressed.

Before deciding whether to proceed with federal charges, Lange said 
he wanted to review the police report, transcripts of the suppression 
hearing and other documents. Algren sent those documents to the 
Federal Prosecutor by overnight mail and Lange has agreed to 
prosecute Mettler and Griffin on federal charges.

Algren offered Mettler and Griffin a choice to either plead to the 
local charge and go to prison or face federal charges involving the 
meth found during the traffic stop. Algren offered Mettler a 10-year 
prison sentence and Griffin a 16-year sentence. Griffin's sentence 
offer was longer because he has an extensive criminal record. 
Unlawful possession of a controlled substance with intent to 
manufacture meth is a Class X felony and carries a 6- to 30-year 
prison sentence. The two men had until the close of the day Thursday 
to decide and each rejected the state's offer.

Algren said the U.S. Supreme Court and the Illinois Supreme Court 
have different interpretations on Terry vs. Ohio, a landmark U.S. 
Supreme Court decision that goes back several years. That case, he 
said, has to do with the right of a police officer to question 
someone or pat them down if they suspect criminal activity.

"What our officers did on June 21 under the U.S. Supreme Court 
interpretation of Terry was fine, but the Illinois Supreme Court has 
taken a more liberal interpretation of an Illinois case. That case 
says when an officer makes a traffic stop, he can only talk to the 
driver and other passengers about the traffic stop, period, unless he 
has reasonable suspicion that there is some other criminal activity 
taking place. That's not how the U.S. Supreme Court has interpreted 
this, but that is how Illinois has," Algren said.

Algren said he did not know when the federal prosecutor would file 
charges against Mettler and Griffin or when arrest warrants will be 
issued, but he hopes to hear something by Monday.

"This is not just a Warren County problem, it's a statewide problem," 
Algren said.
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MAP posted-by: Beth Wehrman