Ruling next month in Kane $1.35 million heroin bust

 
 
Updated 12/6/2015 3:52 PM

A key court ruling is coming next month in the prosecution of an Aurora man charged in one of Kane County's largest heroin busts.

Modesto Alarcon, 42, of the 1000 block of Grove Street, has argued that his constitutional protection against unreasonable search and seizure was violated when authorities searched his home and garage in April 2014.

 

Approximately 9 kilograms of heroin with an estimated street value of $1.35 million were seized from Alarcon's home, along with $85,000, a handgun and ammunition.

He's argued that he never gave consent to the search and officers only spoke to him in English although his primary language is Spanish, according to court testimony.

Kane County Judge Clint Hull will rule Jan. 7 on Alarcon's motion to keep the evidence out of a potential trial. If Hull rules the search was illegal, it would essentially torpedo the state's case.

Last month, Judge James Hallock ruled authorities did not obtain consent in the spring 2014 search of a home in Gilberts that netted 15 pounds of cocaine and 23 pounds of marijuana.

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A week later, prosecutors dismissed drug charges against Martin Reyes-Hernandez, 42, and he was released from jail.

Alarcon has been held at the Kane County jail on $15 million bail since his arrest.

Two other people also were arrested on the day Alarcon's home was searched.

Evanston couple Reyna Garcia-Manzanares, 42, and Juan C. Fernandez, 40, both of the 400 block of Howard Street, pleaded guilty earlier this month to felony money laundering charges and were each sentenced to six years in prison.

Authorities seized $195,000 from their vehicle in a search, and they were accused of helping Alarcon launder drug money, according to authorities and court records.

Ask A Lawyer Day

The Kane County Bar Association will host its next "Ask A Lawyer Day" Saturday.

                                                                                                                                                                                                                       
 

From 9 a.m. to noon, people can call (630) 762-1900 for a free consultation with a volunteer attorney on a variety of topics, including real estate, traffic and criminal law, wills, estates, divorce, child custody, bankruptcy, collections and landlord/tenant issues.

If you get a busy signal, do not leave a voice mail because the attorneys don't have access.

Coffee in Woodstock

Woodstock Police Chief Robert Lowen hosts a coffee and informative program called "The Role and Mission of the U.S. Department of State's Diplomatic Security Service" from 7 p.m. to 8:30 p.m. Dec. 14, at the police department, 656 Lake Ave.

Lowen's guest is U.S. Special Agent in Charge David Eberhardt.

For more information on this free program, call (815) 338-6787.

hhitzeman@dailyherald.com

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