A DeKalb man filed a complaint with the DeKalb Police Department last week for alleged brutality during an arrest and entrance into his home without a search warrant.

On Nov. 18, DeKalb Police arrested Thomas Rodriguez, 38, 1100 W. Lincoln Hwy., Apt. 509, on a felony warrant for retail theft at the home of Clemente Rodriguez, 1010 E. Locust St.

Sycamore Attorney James Minnihan said the question at hand is whether police legally have a right to go into a third person’s house to execute an arrest warrant without a search warrant. Minnihan suggested Rodriguez file a complaint with the police department.

It is “better to give them (the police) an opportunity to investigate” the incident, Minnihan said. The police will find the complaint is appropriate or inappropriate, he said.

During the arrest, Clemente Rodriguez suffered an inflamed hip after allegedly being pushed against the wall as police entered the house and being pushed into the refrigerator when he asked for an arrest warrant, according to his daughter, Norma.

DeKalb Police Chief Don Berke said, “We’re reviewing the circumstances of the complaint.” Berke denied further comment on the complaint.

“The police department will conduct an investigation to review the complaint,” said Rick Turner, DeKalb Corporate Counselor for the police department. Turner would not comment further on the complaint.

Minnihan is waiting for the result of the investigation before considering legal action, but “from the facts given (by the Rodriguez family), it seems the police shouldn’t have been able to go in the house,” Minnihan said.

“I don’t think anybody else is trying to accuse the DeKalb Police Department of violent acts,” he said. This complaint hopefully will stop similar incidents in the future, he said.

In special circumstances, case law allows the police to enter a home without a search warrant if a violent criminal is inside, Minnihan said.