DECATUR, Ill. (WRSP) — 27 pounds of marijuana and cocaine cannot be used as evidence against a Decatur man.
A Macon county judge lowered Keith Halliburton’s bail from $1 million to $50,000.
Halliburton’s still in jail in connection with a previous federal case.
Halliburton's attorney says police illegally found the drugs in March of last year.
Todd Ringel says the way Decatur police collected evidence violates the fourth amendment rights on search and seizure.
Last year, the U.S. Postal Service discovered suspicious packages at their office. When police found drugs inside, they placed a tracking device inside one of them.
Ringel says the device notifies police if the package has been opened.
Police followed Halliburton when they saw him pick up the packages. They later stopped him and searched him with the packages still sealed.
"When they detained and arrested our client they did so without probable cause in a nutshell," Halliberton's Attorney Todd Ringel said. “Like we have an argument and we feel like we stand on good ground because that is the status of the law today, so they are basically going to have to attempt change the law.”
Halliburton has been in trouble before. He was convicted of manufacturing and distributing more than 60 grams of marijuana back in 1998.
The Macon County State's Attorney is appealing the judge’s ruling in the case.
Halliburton will stay in jail until federal authorities decide how to handle the case.