Evidence thrown out in federal gun, drug case

2014-04-07T20:00:00Z 2014-04-07T23:09:06Z Evidence thrown out in federal gun, drug caseTimes Staff nwitimes.com
April 07, 2014 8:00 pm  • 

HAMMOND | Evidence found during a search of the home of a Gary man accused of federal gun and drug crimes will not be allowed to be used against him after a U.S. District judge found the search warrant used by police was deficient.

U.S. District Judge Philip Simon granted a motion by the attorney for Michael J. Radovick, 29, to suppress evidence found in the September 2013 search of Radovick's home in the 2300 block of Sherman Street, Gary.

In his order granting the motion, Simon wrote he agreed with defense attorney Ashwin Cattamanchi "that there was no probable cause for the search."

The case was scheduled to go to trial May 14. It is unknown what impact the ruling will have on its moving forward. A spokeswoman for the U.S. attorney's office in Hammond said Monday that no decision has been made yet by the office.

Radovick was charged in September with being a felon in possession of a firearm and with being a user of a controlled substance in possession of a firearm.

According to Simon, the affidavit in support of the search warrant was based entirely on information the Hammond police received from an informant. He wrote the informant was an unreliable one and police did "next to nothing" to corroborate his allegations against Radovick.

Officers at the time were investigating a series of home burglaries that occurred Sept. 8 and 9 in the 7200 block of Kentucky Avenue in Hammond where two firearms were stolen. A man arrested Sept. 9 during the second home burglary allegedly told officers Radovick had the stolen guns.

Officers found three loaded guns, marijuana and cocaine at the residence, according to court documents. Radovick later allegedly told federal agents the guns and some of the drugs found in the home belonged to him. He allegedly said he had just purchased one of the guns from a fellow Latin King street gang member. Radovick previously was convicted in Cook County on a drug charge.

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