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.