A trio of Vernon Hills residents are in police custody after officers used an obscure legal loophole to conduct a warrantless search of the premises.
Officers approached the residence of 33-year-old Dmitry Kolesnikov to perform an unprompted wellness check, because they suspected that he was intoxicated. During the course of a subsequent search, they found an unspecified number of marijuana plants in the basement. Using that discovery to obtain a search warrant, officers returned some time later and recovered 17 marijuana plants, along with over $2,000 in cash and some other illegal drugs. Based on this evidence, officers also arrested Mr. Kolesnikov’s wife, 39-year-old Ekaterina Kolesnikova, and Mr. Kolesnikov’s housemate, 40-year-old Ilya Tanich. Ms. Kolesnikova did not reside in the home where the drugs and other contraband were found.
In announcing the arrests, Police Chief Patrick Kreis said that “several other law enforcement agencies” participated in the “investigation,” but a spokesperson declined to give any details.
Wellness Checks and Warrantless Searches
Our founding fathers considered the prohibition against unreasonable, warrantless searches and seizures to be one of the most important rights of citizens, which is why the Fourth Amendment contains just such a prohibition. For the most part, courts are anxious to enforce this prohibition, especially in light of imbroglios like the one involving the
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