Aurora Cops Had 'Probable Cause' To Search, Arrest Teen: Investigation

AURORA, IL — Following an investigation, Kane County State's Attorney Jamie Mosser determined Aurora investigators had "reasonable suspicion" and "probable cause" to search and arrest a juvenile for possession of cannabis last month, officials said.

Aurora police opened their own internal investigation after a bystander, who reportedly filmed the incident, submitted a complaint to the department's Office of Professional Standards, officials said in a news release.

On Nov. 12, Special Operations Group investigators spotted a car — a few of its occupants were wearing ski masks — driving near Downer Place and South River Street. When the occupants saw the police, officials said they "began to act in a manner that led our officers to believe they might be engaged in criminal activity."

As investigators approached the car, occupied by juveniles, they found it "filled with smoke and smelled of a strong odor of burnt cannabis."

After police made contact, officials said all occupants but the driver — who refused to provide identification after police witnessed the person attempt to conceal "illegally packaged cannabis" in their front pocket — were cooperative. Once police found the marijuana, they attempted to arrest the driver when the juvenile took off running, according to a news release.

"The juvenile immediately started to turn away and appeared to reach towards their groin and pocket area as if they were attempting to conceal or reach for something," police said. "Investigators had to position the driver against a car as the driver continued to pull away from investigators."

Once the driver was handcuffed, police said the person continued to reach into their pockets, attempted to use their mouth to grab items placed on the squad car, and continued to be verbally uncooperative, officials said.

The juvenile, who police did not identify because they are a minor, was eventually taken to police headquarters and charged with possession of adult-use cannabis in a motor vehicle by a driver.

"It should be noted that the remaining juveniles were fully cooperative during this encounter," officials said. "They were all subsequently searched and released from the scene without incident."

A video, which police say was modified, began circulating online, but it only partially captured the incident, according to officials. The complete body-camera footage, according to police, "verified that at no point during this incident was anyone stripped of their clothing."

"The footage clearly shows that Aurora Police officers did not conduct a body cavity search as has been alleged," officials said, adding the search "conducted on the juvenile driver was within policy of the Aurora Police Department and all state and federal laws regarding the Fourth Amendment."

In addition to the Aurora Police Department's internal investigation, Kane County State's Attorney Jamie Mosser was called in to investigate the incident. Based on body-worn camera footage, police reports and departmental policies, Mosser said police had "reasonable suspicion that a crime was occurring and had probable cause to arrest the juvenile.

"The investigation of the juvenile began based on actions of the juvenile and others within and around the car that the juvenile was in. ... Mosser found the officers did not violate any criminal statutes or APD policies regarding search procedure," police officials said.

Mosser's determination is the second of its kind recently made following investigations into the Aurora Police Department. On Friday, officials at the Kane County State's Attorney's Office announced the state's attorney found police "acted properly" before a car chase that resulted in two men dying, Patch reported.

RELATED: Aurora PD 'Acted Properly' In Chase Before Fatal Crash: Mosser