No Drug Test, No Testing, No Disclosure
By Michael Quiel | Investigative Reporter — US~Observer
On May 8, 2024, at approximately 8:31 p.m., Deputy Jonathon Torbeck of the Effingham County Sheriff’s Office stopped Sarah E. Burger on Interstate 57/Eastbound Interstate 70 in Effingham County, Illinois. Burger, then 52, was driving a gray Dodge Charger rental with California plates. It was night, fully dark, and raining; the roadway was wet and under construction. According to Torbeck’s report, he was on stationary patrol near milepost 92 when he observed her vehicle pass. He noted her “rigid” posture with both hands on the wheel and the California plates, then began following her. He observed her traveling about 65 mph behind a semi-truck—the posted speed limit was 65 mph (minimum 45). The semi moved right; she stayed in the middle lane and reduced speed to about 55 mph. According to the mile posts in his own report, he followed her from mile post 92 to approximately mile post 158–162—roughly 6* miles—before activating his lights and stopping her for Improper Lane Usage.
The warning ticket cited no specific Vehicle Code section. Public Defender Scott Schmidt’s Motion to Suppress states that Torbeck observed no traffic offense and calls the stop a fishing expedition. This was not a traffic stop.
Torbeck also charged Burger with one Class 4 felony count of possession of a controlled substance (cocaine) and paraphernalia, describing baggies of white powder and an unlabeled bottle of pain killers , Adderall, and Vyvanse.
According to Sarah, an earlier notice listed cocaine, Adderall, distribution, and paraphernalia. The prescription charge was later dropped after her husband’s prescription was produced. The remaining court papers name only a generic controlled substance. No drug test was done. She has no priors and denies the substance is hers.
Officers on I-70 have been reported treating out-of-state plates as targets. Courts hold that the state of registration alone is not reasonable suspicion. Burger reportedly never changed lanes. The cited behaviors do not establish a traffic violation. Schmidt’s motion calls it a pretext fishing expedition.
According to a US~Observer source, Fingerprints and DNA testing on the packaging have not been done, and the camera video has been withheld from Sarah by State’s Attorney Aaron C. Jones. Schmidt says Jones has not thoroughly reviewed the Motion to Suppress. Schmidt is optimistic that the motion will result in dismissal once Jones reads it.
Effingham County courts have already thrown out comparable stops in People v. Ray, People v. Damian, and People v. Snyder. Jones is prosecuting this case while withholding the video and the fingerprints and DNA testing on the packaging. That is a choice to charge first and bury the proof.
Aaron C. Jones is the elected Effingham County State’s Attorney (appointed 2022, elected 2024). He previously practiced at Taylor Law Offices and Regent Law, and was licensed in 2008. He lives in Effingham and is running for Circuit Judge while reportedly withholding the video, fingerprints and DNA on the packaging – not the best addition to his resume…
Editor’s Note – An earlier version of this article incorrectly stated that Deputy Torbeck followed the vehicle roughly 70 miles based on the milepost numbers in his report. The mileposts refer to different routes during the short I-57/I-70 concurrency through Effingham; the actual distance is roughly 6 miles. The article has been updated.
