I have very little sympathy for parents that are trying to help their kids be cool or teach their kids that it's OK to skirt the laws. Either abide by the laws or work to change them while living by them. I don't complain when I get a speeding ticket. He should have thought about the repercussion of his actions before he went supplying alcohol to student athletes.

This dad should "man up" and take responsibility for his inappropriate actions. Quit burdening the legal systems with his inability to be a decent man.

The justice system should work for all people - let it play out. The system is in place to protect people's rights, and failure to abide by the system for all people is a selective use of judicial powers that cannot be allowed.

In the end, the legal system will prevail, and for those that do not like it, they should challenge the Bar Association and the legal system itself- I say let everyone have equal access to protect their rights, whether the accused or the accuser.

Dan H.: To be clear, there is no accusation of supplying alcohol at this point.

Dan H: If the police enter a person's house without a warrant (and without consent) then Mr. Caruso is doing exactly what he should - demanding that the police abide by the U.S. Constitution and filing his motion to have the court address this issue.

If you have no problem allowing the police to enter your house at any time, with or wothout a warrant, simply post a response here that grants them such permission. Otherwise, just keep paying your speeding tickets and thank Mr. Caruso for seeking to force the police to respect the Constitutional rights of all of us.

I agree w/Mr Ramsell. If police enter without consent or a warrant, then they violated Mr. Caruso's rights. Many police think themselves above the law. Their job is to enforce the law within the law. I'll be interested to see how this plays out in the coming weeks.

Mr Ramsell,
If u have nothing to hide why not allow the police to enter your home. Obviously, Mr Caruso had a little something to hide. U sure do allow police to enter your home when u feel your rights are being violated by criminals! Who is the first person u call? The police! So it is ok for the police to enter when it us convenient for u?! Interesting!

The law says he has is protected against illegal searches and seizures. If the facts are as he says, he will be cleared. Let the law prevail, and let the Town of Geneva learn the lesson.

Jessica, when you call the police asserting that a crime is being committed in your home, you are giving them verbal permission to enter the home. However, if they knock on your door. You do not appear to be doing anything illegal and they cannot see anything illegal going on through the door, the police to not have a right to enter without your consent OR a warrant.

I don't agree with providing alcohol to minors, but if the minors were not in view of the police from the outside and the music was turned down, the father was within his rights by not allowing the police into his home. It has absolutely nothing to do with whether or not you think that if you aren't doing anything wrong, then you should let them in. IF you don't think you're doing anything wrong and allow them in, they can find something you may not think is illegal (i.e. having pirated or illegally downloaded music, pictures or DVD's) even without you having knowledge that those items are illegal. The laws are there to protect us, and when we give up those rights just because we "think" the police won't find anything, we might be putting ourselves in a world of hurt.

I had to pull a couple of comments that essentially said Mr. Caruso provided alcohol and "everyone" knew it. The charge, as it sits currently, does not accuse him of providing alcohol. That typically comes in the form of a contributing to the delinquency of a minor charge.
The present charge is one formulated to create more accountability on parents when a drinking party occurs.
I've covered court for a long time, so I appreciate the discussion.
As a defense attorney, Mr. Ramsell might disagree that this motion is pretty standard to counter such an arrest, but it is relatively common to attack police procedure.
That's not to say any person charged with a crime shouldn't present a viable defense.
The only true way to understand what happened that night was to have been there. Otherwise, we'll see how the evidence and testimony is presented by both sides at the motion hearing.

Thank you to everyone! I have really enjoyed everyone's points if view.

U don't even know the facts so don't act like you do. And that goes for those who are quick to judge. All of your basis is speculation and no cold hard facts so don't act like you know what happened unless you were there.

Alright, everyone commenting on this "lois" are probably sitting at home with your eight cats closed off to the world. So before you start making ridiculous accusations you need to get out of your false sense of security and obliviousness and learn the true facts before you start throwing your insane comments into these situations.....P.S. there is a man accused of toddler abuse and for some reason some people are worried more about this.

The Geneva football team is composed of many fine young individuals, including Mr Caruso's son. They are lead by an incredible coach, who dealt with the situation in a very appropriate manner. Let's not bring the attention of this issue onto the football team, but rather the constitutional issue at hand. Eugene, how dare u insult Mr. Caruso like that. You have no idea the kind of man he is, which in fact is a very hard working and generous man and an excellent father. Jessica, if u think you have a better idea for our constitution then our founding fathers than go right ahead. Let's just say te United States of Jessica wouldn't last too long.

Judging from the comments, It seems the team is rallying around Mr. Caruso. If I'm not mistaken, this underage drinking party caused the suspension of a few key players and resulted in a loss against South Elgin which in turn impacted the playoff seeding leading the Vikes to a one and done playoff.
I feel bad for the kids on the team who were NOT at the Caruso's party but were impacted by the behavior of those who were.

Ok Eric. I just looked up the stats from the Geneva/South Elgin game. Mr. Caruso's son racked up 5 assisted tackles during that game. Funny how a suspended player could have stats in game he was suspended from. Eric you might want to get all the facts straight before posting.

There appears to be some genuine confusion about the Social Host laws and what Mr. Caruso is accused of doing. Social Host Laws are created to reduce the amount of evidence gathering required by law enforcement when underage drinking parties occur.  The charge is permitting or allowing or not doing enough to prevent underage drinking on your property.  It is difficult for police to prove who purchased, furnished, or supplied the alcohol to minors, so Social Host Laws require little more evidence then whose name is on the lease or deed of a property where an underage party occurred.  While state versions are usually fully vetted and properly written, local ordinances are often so broad or vaguely written as to be unconstitutional. When you add to this. a police force who enters without warrant or due cause, you have a very dangerous mix. For more information, visit SocialHostLaw.com/FAQs. 

Regardless of the GPDs alleged violations, the fact remains there was a party at the residence (underage attendees), with at least one of the parents being home (dad), where alcohol was consumed by said underage attendees (notice I didn't say provided by the homeowner), and the police were called because of a complaint (noise).

To paraphrase what Mr. Campana said earlier, the rest is legalese at its ugliest to distract from these facts and to make it look like the defendent was in fact the victim.

What happened to my comment?

I closely follow the Geneva football team and was at the south Elgin game. Mr. Caruso's son did play in that game. I also remember reading about this incident in the paper and mr. Caruso's son was not one of the four listed. So those stats were real.

They were only missing two starters and one reserve. And it had no effect on the playoffs. They should have one their playoff game but self destructed and made costly errors at the worst times.

Dan, I don't think my comment accused Mr. C of providing the alcohol that evening at all. I just think that most people usually have a gut feeling that something is going on in their home. Perhaps this is a gene that guys are missing in which case I'm sure Mrs. C gave him a big noogie when she got home! That may be the only punishment he really deserves for bad judgement.

Where is the justice for those parents who did know that their child was attending a party where the host "parent" knew that alcohol was going to be available?According to neighborhood kids, this was a co-ed sleepover. I'm sure some enlightened Geneva parents knew and didn't care. How many didn't know and would not allow their child to attend if they did? Weren't their parental rights violated? "Look the other way parents" have been around for many years and set a bad example for underage high student students. Just like the parents that hosted their own "grind dance" after the high school administrators did the right thing and banned it. What are these "parents" teaching the children of Geneva ... it's Ok to defy authority and if caught breaking the law, deny any responsibility and blame the police for invasion of privacy and violation of constitutional rights! If you want to be a cool parent then man up & take responsibility when you are caught. Parents should attend this hearing in mass as a show of support that you don't agree with other parents deciding what is Ok for your kids. That won't happen because you'll actually need to do something.
These kids don't think you're cool, they used you so they could drink. Now you are holding the bag and all of them except three got off free & clear.
As I understand it, the three football players were caught on the property with alcohol and received fines. All others were inside the house and thus not "caught."

well stated Bob

If police go to a home & see underage drinkers outside smoking cigars with a parent -is THAT probable cause?

As a parent trying to instill some decent values, this article makes me sick.

There is no "definition" for what is probable cause because each police officer has different experience and levels of training, and each circumstance is different. What's different here is that it's a misdemeanor charge. In a felony case, a preliminary hearing is required for a judge to essentially say there was enough evidence for the charge - although preliminary hearings rarely occur because nearly every felony is indicted by a grand jury.
In this and other misdemeanors, the probable cause issue doesn't come up unless it is challenged through a motion - like this one - or at trial.

Jerry ... this is how quickly the justice system typically works. He is still in the pre-trial phase of the case. My notes show it has had at least three hearings so far. A motion like this is sometimes - and I'm not saying it is here - a last shot at getting charges dismissed before a trial is scheduled or a plea is worked out.

Had to delete comment referring to "set up" by police, as well as the off-topic personal attack.

That's funny Dan considering almost every comment is a personal attack on Mr. Caruso.

Certainly, I don't want police given free reign to enter a home without probable cause or imminent danger. But there are too many parents who allow activities that other parents would not condone to go on in their homes. Because one cannot be with one's child at all times, and children tend to go to the path of least resistance, this is an irresponsible abrogation of adult responsibility. As an adult, one should not assume that an activity as charged as drinking is OK with the parents of the children at your home. As stated above, the kids don't think you're cool, they see you as a fool to be used. And you are violating a trust other parents have regarding the most important parts of their lives.

Well, looks like a lot of locals on this. So I will throw in my two cents.
First off, as a former vet, I feel that the drinking age should age should be 18. Old enough to kill for your country, old enough to have a beer.
Second, I feel parents are capable of making decisions affecting their children trump the governments. If I allow my son to have some beers in my house under my supervision it is my business and no one elses. As long as the other kids parents were in the know then that is fine.

Third, a warrent and probable cause were not present. So no entry into the home or arrest should of been made.

It truly amazes me how devilized people are in the United States. If you went to Europe you would never encounter this as alchohol is allowed to teenagers and is not considered a big deal. Just be responsible

As far as the initial complaint, no one has questioned the neighbor. He could be some grumpy old man with a history of dispute with the neighbor. Trying to cause problems for his own agenda. I had a neighbor just like that. we would go swimming off our pier in the middle of the day and he would call the cops on us because we were disturbing his fishing. So question the instigator of this call as well

Geneva athlete's code of conduct:
"The use of alcohol and/or illegal substances are strictly forbidden, and the use of
such shall be grounds for a member to be immediately suspended for further review
or dismissed from the organization."
Must be signed by athlete and parent prior to participating.

Assuming they knew that minors were drinking, I'm just astonished that he would jeopardize the eligibility of the team. And for what? Making sure the kid is popular with his peers?

Superman (hypocrite) , you start with "Alright, everyone commenting on this "lois" are probably sitting at home with your eight cats closed off to the world." and follow it with "So before you start making ridiculous accusations..."
I know you were tryIng to be witty but you failed.
As for the case, like stated before, we don't know all the info. Maybe the kids have been friends since grade school and the dad was providing a safe location to have a beer or two for a special occasion. Better that then drunk driving. Maybe he had permission from all the parents. You may not agree with his decision, but they weren't your kids so why do you disparage him so much?

See the only problem with all of this it was not a party.... Kids in highschool are going to drink no matter what. We all did It and every one knows it. See the police are foolish for arresting anyone. The teens were inside there a privet residence under adult supervision why not have a drink. Or is the American public so naive that they rather not know about teens drinking until they read the news of how the four of them crash and killed someone? No the law is stupid any age should be allowed to drink inside a privet residence. What now we are goin to ruin someone's life over a bottle? Once again judicial system fails in this country completely. I'm a proud American and believe that these laws are unjust. I was always allowed to drink. When I went to college I did not participate in all the binge drinking and stupid things because of this. My parents knew that introduce me to alcohol at a reasonable age and it's not as mysterious as it would be in college where I'm by my self and who knows what can happen. I'm proud of this father for letting the kids explore alcohol inside of his house. Neighbor noise complaint pay the 50 dollar ticket and forget about it. People need to stop being so naive and "I do everything by the book" no you don't get over it. Also at 17 I can join the army and get married but I can't take a shot hence why Americans die so much from alcohol related deaths. And exactly why prohibition failed! My two cents on this topic.

Isn't it interesting that Mr C's neighbor is the City attorney of Geneva?

Speaking as a parent that is trying to raise his kids in that old, outdated value system that says 'no booze or tobacco until you're of age' it just makes it really difficult when other parents aren't on the same page.
When your kid is going to a party, it isn't enough to ask if the parents will be home. Now you have to ask around to see what kind of parents they are.

Wanna bet those beers cost dad more than $2,500 in legal fees?

?

An April 12 hearing is scheduled for a judge to consider Caruso's request.

How do you find out where and when this hearing will occur on the 12th?

Dan, I see the hearing is scheduled for this Thursday. Where will it be and what time?

I guess Dan has checked out

Bob M, Dan H Congrats to you two for being the perfect parents with perfect kids! The rest of us are doing the best we can. It is unfortunate that in this day & age we need breathalyzers & TSA pat downs to have kids in our homes. You're both entitled to your opinions, but we all know you don't have all the facts of the case nor were you there. (going strictly from Geneva PD & neighborhood gossip seems a bit careless & one-sided) Thank God that nothing more serious happened & everyone was safe. Mistakes were made & hopefully lessons learned by all. I know for a fact that all those kids are great students, involved in athletics, church, youth groups, community organizations, have jobs & have never been in trouble before . They are all headed to to top universities & have bright futures.

Denis, the assumption that "Kids in high school are going to drink no matter what. We all did It and every one knows it" is incredibly presumptuous. I did not drink in high school. I know many who did not. It is, however, irrelevant that others have done things they should not have. The more permissive we get, the more instances we have of young people without the knowledge and experience engaging in activities which have consequences they cannot fully comprehend. To be sure, there are things I did wrong as a child. I was required to accept the consequences for those actions, however. If a parent chooses to make those consequences minimal, the unfortunate result is that the child is likely to grow up without attaining the necessary understanding. That is may be within the purview of those parents, but when you have other children at your house, you do not have the right to undermine the authority of their parents, as was done here. Again, not knowing all of the details, I don't know if the police acted properly in a legal sense, but based on the details I have read, it appears that a parent may have acted improperly in a moral sense. Regardless of the legal outcome, it would seem he owes an apology to a number of people, starting with the kids who cannot comprehend the totality of their actions.

Listen to yourself people!! You are all presuming that the parent in this case allowed drinking because the parents were home. Ed, you are Automatically presuming all the kids were drinking & these parents knew & allowed this behavior. What happened to "trusting" good kids because that haven't proven otherwise & then they mess up?

You read the part where I said "Again, not knowing all of the details..." and "...but based on the details I have read..." and "it *appears* that a parent *may* have acted improperly", didn't you? If not, perhaps you read where I said "...*it would seem* he owes an apology..." to a number of people, starting with the kids who cannot comprehend the totality of their actions.
Wendy, *it appears* that you are in fact the one "presuming", in contrast to what people have written here. I based my comments on information provided (that someone was charged with "allowing an October underage drinking party at his home") and acknowledged that. You based your comments, directed at me and others, on what you felt after reading as opposed to what was written. I am surmising that you may have a preconceived but unspoken notion about the permissibilty of the activities alleged, or possibly a personal interest in the outcome.
You started your comment with "Listen to you people". Do you own a mirror?

Sorry ... the bulk of this conversation happened while I was guest editor for Geneva Patch. I then switched over to oversee another site last week and haven't been monitoring things here.

Anyway, the hearing was scheduled for Thursday, but Geneva editor Rick Nagel reported it has been continued to May 22. I have not seen the file in the last two weeks, so I'm not sure what the basis was for a continuance.