The 21-year-old son of DuPage County State's Attorney Joe Birkett was cited late Sunday after police investigated a neighbor's complaint alleging the smell of burning marijuana in a Naperville apartment hallway.
Nicholas T. Birkett, of Wheaton; Michael G. Busse, 29, and Kenneth J. Grant, 21, both of Naperville, received local ordinance violations alleging possession of marijuana.
Police said they found a smoking pipe and a plastic bag containing a small amount of a green leafy substance in the front room of Busse's apartment on Royal Street George Drive, court records showed.
Nicholas Birkett was sitting on the balcony when police arrived. All three men denied ownership of the pipe and green leafy substance.
Naperville's city prosecutor is handling the case. Nicholas Birkett is due in court July 2. He does not have a prior criminal history.