Following an internal investigation and a review of evidence by Kane County State’s Attorney Jamie Mosser, officers of Aurora’s Special Operations Group were cleared of any wrongdoing related to a traffic stop that involved a non-cooperative subject who was ultimately taken into custody and charged with a drug crime.
According to an APD release and video presentation, on the evening of November 12th, Special Operations Group investigators observed a vehicle traveling in the area of Downer Place and South River Street. Some of the occupants in the car were wearing ski masks, and upon seeing police they began to act in a manner that led our officers to believe they might be engaged in criminal activity. Investigators decided to make contact with the vehicle and its occupants.
As investigators approached the vehicle, they noted it was filled with smoke and smelled of a strong odor of burnt cannabis. Investigators made contact with the occupants, all of which were juveniles.
All were cooperative except the driver, who refused to provide his identification despite several requests by officers. The driver also refused to follow the investigators’ instructions and attempted to conceal illegally packaged cannabis in their front pocket. Investigators eventually located the cannabis and attempted to place the juvenile driver into custody.
The juvenile immediately started to turn away and appeared to reach towards his groin and pocket area as if attempting to conceal or reach for something. Investigators had to position the driver against a car as the driver continued to pull away from investigators. The juvenile driver was eventually placed into custody, and a search incident to arrest was completed.
During this search, the juvenile continuously attempted to reach into his pockets while in handcuffs and attempted to grab items with his mouth that were placed on the vehicle. During the entire contact with police officers, the juvenile remained verbally uncooperative and continued to resist the officers’ efforts to complete the arrest. It should be noted that the remaining juveniles were fully cooperative during this encounter. They were all subsequently searched and released from the scene without incident.
The arrested juvenile was transported to the Aurora Police Department and charged with Possession of Adult Use Cannabis in a Motor Vehicle by a Driver.
Later, the Aurora Police Department learned that a modified video of this incident was being circulated online. The video partially captures this incident, but one online media outlet appears to have blurred out the partial video to mislead viewers.
Body-worn camera footage, which was reviewed as part of our internal investigation, clearly depicts the entire incident. The footage and the complainant verified that at no point during this incident was anyone stripped of their clothing. The footage clearly shows that Aurora Police officers did not conduct a body cavity search as has been alleged.
The search conducted on the juvenile driver was within policy of the Aurora Police Department and all state and federal laws regarding the Fourth Amendment. The third-party complainant also forwarded a copy of their cellphone video to Mosser’s office.
The APD provided Mosser with body-worn camera evidence, police reports, and departmental policies. After a thorough review of the incident, Mosser ruled that the investigation of the juvenile began based on actions of the juvenile and others within and around the car that the juvenile was in.
Mosser concluded that the officers had reasonable suspicion that a crime was occurring and had probable cause to arrest the juvenile. Mosser found the officers did not violate any criminal statutes or APD policies regarding search procedure.
