Man gets 30 days for growing 35 pot plants

in of all places IL. hes lucky he had no priors.


PEKIN, Ill. -

Timothy Latronico was looking at up to five years in prison after police found 35 marijuana plants growing in the basement of his Pekin home last July.

He was led away in custody Wednesday, but only for a 30-day jail term after he pleaded guilty to a misdemeanor charge that replaced the Class 3 felony first lodged against him.

Latronico, 49, was scheduled Wednesday to argue through his attorney that police violated his constitutional rights when, acting on an anonymous tip, they entered his Pekin home and found the plants without first obtaining a court-issued search warrant.

He dropped his motion to suppress the evidence produced by that allegedly illegal search when the Tazewell County State's Attorney's Office replaced the felony charge of possessing 20 to 50 marijuana plants with the misdemeanor charge of possessing not more than five.

Latronico, who has no prior felony or misdemeanor convictions, also will pay a $1,000 fine under the plea agreement accepted by circuit Judge Scott Shore.

According to the motion to suppress the plants as evidence tainted by an illegal search, Pekin police acted on an anonymous tip when they entered Latronico's home at 709 Hillyer St. on July 24. That violated his rights against illegal search and seizure under the Fourth Amendment, the motion argued.

In his basement the officers found the plants, equipment used to grow them and drug paraphernalia, according to the felony charge.

Only after finding the plants, however, did officers notify an agent with the Peoria Multi-County Narcotics Enforcement Group (PMEG) and obtain a search warrant, according to the motion.

Because the motion was dropped as part of the plea agreement, no evidence or testimony was presented to support or dispute its claim of an illegal search.

link.....Man gets 30 days for growing pot plants - Pekin, IL - Pekin Daily Times