The 4th Amendment is going, going
Illinois judge rules police entitled to Swat raid over parody Twitter account
The police hadn’t even come for him. When four fully-armed officers of a Swat team burst into Jacob Elliott’s house in Peoria, Illinois in April they were looking for the source of a parody Twitter feed that had upset the town’s mayor by poking fun at him.
It transpired that one of Elliott’s housemates, Jon Daniel, had created the fake Twitter account, @peoriamayor, and so incensed the real-life official, Jim Ardis, with his make-believe account of drug binges and sex orgies that the police were dispatched. Elliott was just a bystander in the affair, but that didn’t stop the Swat team searching his bedroom, looking under his pillow and in a closet where they discovered a bag of marijuana and dope-smoking paraphernalia.
Elliott now faces charges of felony marijuana possession. He has also become the subject of one of the more paradoxical – if not parody – questions in American jurisprudence: can a citizen be prosecuted for dope possession when the police were raiding his home looking for a fake Twitter account?
A Peoria judge this week ruled that the police were entitled to raid the house on North University Street on 15 April under the town’s “false personation†law which makes it illegal to pass yourself off as a public official. Judge Thomas Keith found that police had probable cause to believe they would find materials relevant to the Twitter feed such as computers or flash drives used to create it.
It all sounds like there might be a fingernail above the board of the law, until you get to the part where we find out that the prosecutor knew it was a bullshit rap and a bullshit raid and dismissed all the charges related to the Twitter nonsense.
But the guy with the baggie of mary jane and a bong is still going to net a felony rap.
Who runs Illinois again and keeps claiming their for the little guy?