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Geneva Dad Challenging Drinking Party Arrest

Robert Caruso claims police violated his rights after responding to loud music complaint.

The Geneva father charged with allowing an October underage drinking party at his home wants the case thrown out because police had no probable cause to enter the residence, according to court records.

Robert Caruso, 49, is accused of letting four teens drink at the family's home in the 500 block of South Eight Street during the early morning hours of Oct. 9, 2011.

Police were called to the residence on a loud music complaint around 12:55 a.m. Three of the four teens, described in court records as "invitees" of a member of Caruso's family, played for the Geneva High School football team. The family member also was on the team at the time.

The incident occured the same weekend as Geneva's homecoming.

According to Caruso's recently filed motion to quash his arrest on the misdemeanor charge, police did not have consent to enter his home, nor did they have probable cause or a warrant. Caruso's rights were violated when police illegally seized items and made observations that led to his arrest.

Additionally, Caruso claims his statements to police were made while he was illegally detained by police, the motion states.

Prosecutors have not filed a response to the motion. An April 12 hearing is scheduled for a judge to consider Caruso's request.

Wendy R. April 12, 2012 at 10:04 PM
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.
Ed April 12, 2012 at 10:44 PM
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.
Wendy R April 13, 2012 at 01:59 AM
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?
Ed April 13, 2012 at 02:22 AM
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?
Dan Campana April 13, 2012 at 01:52 PM
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.

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