Todd Daugherty – Case Summary
Constitutional Violations and Procedural Misconduct
Prepared for Legal Review – July 2025
Timeline of Events
March 16, 2018
A threat was posted on the website Hate and Flame, which requires no login or email verification and is known for impersonation. The post read:
“FUCK YOU YOU STALKING MOTHER FUCKERS. I’LL SHOW WHO WHO IS AUSTIC. I’LL GO TO FUCKING MEMORIAL ELEMENTRY SCHOOL AND MAKE SANDY HOOK LOOK LIKE A SUNDAY SCHOOL PICNIC.”
It was falsely signed as “Todd Daugherty N9OGL” at 9:25 PM GMT (4:25 PM CST). Minutes later, the FBI received a tip from someone identifying as “Mark,” using a TOR node with an IP address traced to Paris, France. The tip included two stolen images of Daugherty holding a handgun—photos taken from a blog removed in 2008. The tip was never corroborated.
March 17, 2018
Daugherty was arrested without investigation or corroboration of the anonymous tip. Police stated they were arresting him under Illinois’ “zero tolerance” policy for threats, regardless of authorship. They also incorrectly believed he owned the Hate and Flame website. Bond was set at $250,000.
March 18, 2018
Two individuals contacted authorities to report that additional posts were being made under Daugherty’s name while he was in jail. The sheriff confirmed Daugherty had no internet access, and a dorm search found nothing—further undermining probable cause.
March 19, 2018
Police obtained a warrant to Daugherty’s ISP (Ctitech) for logs and MAC/IP address data.
March 21, 2018
Police obtained a search warrant to seize all computers from Daugherty’s home. The affidavit, written by Officer Christian Nelson, repeated unverified claims and omitted key facts:
The tip was uncorroborated (Illinois v. Gates, 1983).
No link existed between the computers and the threat.
Additional posts were made while Daugherty was incarcerated.
The warrant authorized the seizure of “any and all computers” and digital media—without particularity—making it a general warrant in violation of Marron v. United States (1927) and Riley v. California (2014). It allowed the wholesale seizure of 15 devices and all data contained within.
Continued Violations and Federal Involvement
March 30, 2018
The website’s owner and legal counsel (Nearly Free Speech Network) confirmed Daugherty was not the author and had never used the site. Law enforcement failed to inform the court, despite knowing probable cause had collapsed.
April 4, 2018
Police requested FBI assistance to search the devices, despite the lack of probable cause.
April 11, 2018
FBI retrieved the 15 devices and placed them in storage.
April 16, 2018
Charges were dismissed and the warrant was quashed. The State acknowledged:
The site allowed anonymous posts.
Posts continued under Daugherty’s name while he was jailed.
No evidence from the search implicated him.
April 16–23, 2018
FBI Agent O’Sullivan retrieved and began searching the devices under the quashed warrant. He found a computer-generated image and paused to seek a second warrant.
March 2, 2020
FBI Agent Wright obtained a second warrant, omitting:
That the original warrant had been quashed,
That the image was computer-generated,
That the devices had already been searched unlawfully.
The U.S. Attorney declined to prosecute. The FBI returned the case to the State.
Renewed Prosecution and Discovery Failures
September 14, 2022
Daugherty was re-arrested by the State of Illinois for possession of child pornography—based on the same image and invalid 2018 warrant. The State falsely claimed the image depicted a real child.
October 13, 2022
Probable cause was found without addressing the warrant’s invalidity or allowing full review of the case.
November 22, 2022 – Summer 2024
Discovery revealed:
The warrant was a general warrant.
Key documents were missing, including the original dismissal and exculpatory evidence.
700MB of files were withheld until 2024, violating Brady v. Maryland (1963).
2023–2024
Public defender sought an expert.
State attempted to restrict discovery.
Defense repeatedly requested full files, including federal records.
Court denied modification of release without addressing discovery issues.
Breakdown of Due Process
September 10, 2024
Motion to suppress filed with request for a Franks hearing.
October 2024 – April 2025
State delayed responses. Objection to the motion was denied. Franks hearing set for June 19, 2025.
June 12, 2025
Public defender withdrew one week before the hearing, citing alleged comments later shown to be false. Third-party interference was also reported.
June 24, 2025
Court allowed withdrawal and ordered Daugherty to retain private counsel using $6,250 from his bond—an amount insufficient to hire competent representation. No new counsel was appointed.
Constitutional and Legal Violations
Fourth Amendment: General warrant, unlawful search, and use of tainted evidence.
Fifth Amendment: Due process violations and concealment of exculpatory evidence.
Sixth Amendment: Constructive denial of counsel and interference with defense.
Fourteenth Amendment: Equal protection and due process violations.
Brady v. Maryland (1963): Suppression of exculpatory evidence.
Marron v. United States (1927): Use of a general warrant lacking particularity.
Illinois Constitution: Violations of Article I, Sections 2, 6, 8, and 12.
Current Status
Daugherty remains without counsel.
The court has denied appointment of new counsel based on insufficient bond funds.
The Franks hearing has been delayed indefinitely.
The State continues to prosecute based on evidence obtained through a quashed warrant.