Politics & Government
Charges Dropped Against Naperville 'Simpsons' Graffiti Suspect
Statements made after a warrantless search of the man's phone were ruled to be inadmissible.

NAPERVILLE, IL — DuPage County prosecutors have dismissed all charges against a Naperville man accused of spray painting “Simpsons”-inspired graffiti around Naperville.
Joseph D’Auben, 35, of the 1700 block of Fairoak Road, was originally charged with defacing property with phrases like “El Barto” and “Skinner Stinks” which “Simpsons” aficionados will recognize as being from the long-running show, according to a report from the Daily Herald. But after a DuPage County judge ruled that D’Auben’s phone was illegally searched, prosecutors dropped charges.
D’Auben’s lawyer, Dominick Dolci, said his cellphone was searched without a warrant and that police used the information obtained from the search to elicit a confession from D'Auben.
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"The court finds that the statements obtained by the Naperville police officers were obtained due to a warrantless search of (D'Auben's) cellphone by the College of DuPage Police Department," according to a court order obtained by the Daily Herald. "And without the information, no probable cause existed for the search or the statement. Therefore the defendant's motion to suppress evidence is hereby granted."
D'Auben was originally arrested by College of DuPage police for a graffiti incident on the Glen Ellyn campus. An apparently illegal search of his phone and Instagram account linked him to similar incidents in Naperville, according to the report.
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