Man: Cops didn't have warrant for police dog to sniff outside storage locker
A Carpentersville man who got probation for a 30-pound marijuana bust and was rearrested in 2016 is challenging the legality of a search of his storage locker, arguing police had no warrant to have a dog sniff outside of it.
Daniel L. Forcucci, 47, faces felony marijuana trafficking charges in Kane and McHenry counties after a search of a storage locker in Algonquin turned up marijuana on June 22, 2016, leading to a subsequent search of his home on the 2000 block of Limestone Lane, which turned up at least 22 more pounds of marijuana, according to court records.
Forcucci attorney Sam Amirante argues the search of Next Door Storage in Algonquin violated his client's Constitutional Rights against unreasonable search and seizure and improperly lead to a search warrant being obtained for Forcucci's residence.
Amirante wants all marijuana seized to be banned from trial, and all statements Forcucci made to police suppressed from court.
"Canine sniff was conducted without a search warrant, arrest warrant or permission or consent for anybody to do so," read part of Amirante's court motion, which is scheduled to be heard by Judge John Barsanti on April 26.
Forcucci was arrested in spring 2013 after police saw evidence of drug activity during a domestic disturbance call at his home, later returned with a search warrant and found 30 pounds of marijuana. Forcucci was charged with cannabis trafficking, a felony that carries six to 30 years in prison with no chance of probation.
He pleaded guilty to a reduced felony charge, was sentenced to three years of probation and fined $5,000.
Forcucci now faces six to 30 years in prison on two separate cases of trafficking 5,000 grams of more; authorities have declined to comment on the quantity of drugs seized in the two cases, but 5,000 grams is about 11 pounds, meaning it could be 22 pounds or more.
Amirante unsuccessfully argued last year to have the Kane and McHenry cases consolidated into one, records show.
Forcucci, who is free on bond, is due in McHenry County court March 8. Prosecutors are also seeking to have $191,300 seized from Forcucci permanently forfeited to the state.