Caruso Hearing Postponed to May 22

A hearing for the Geneva father charged with allowing an October underage drinking party at his home won't be back in court until the back end of May.

The 1 p.m. Thursday hearing at Kane County Branch Court, 540 South Randall Road was rescheduled for Tuesday, May 22.

Robert Caruso's attorney has asked that the case be thrown out because police had no probable cause to enter the residence, according to court records.

Caruso, 49, is accused of letting four teens drink at the family's home in the 500 block of South Eighth Street during the early morning hours of Oct. 9, 2011.

Caruso's attorney in March filed motion to quash his arrest on the misdemeanor charge, saying police did not have consent to enter his home or probable cause or a warrant. The motion says Caruso's rights were violated when police illegally seized items and made observations that led to his arrest.

Additionally, Caruso claims his statements to police were made while he was illegally detained by police, the motion states.

The underage drinking arrests set off a on the issue of penalties and fines. On Jan. 17, the Geneva City Council unanimously approved raising the .

Geneva Patch will follow up on this story as more information becomes available from official sources.