People v. Garcia

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2012 IL App (1st) 102940
Decision Date: 
September 28, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Justice: 
HALL
Holding: 
Reversed; sentence vacated.
Absent some additional evidence of illicit activity, the mere possession of a clear plastic baggie protruding from a person's front pants pocket does not constitute probable cause to seize the baggie. Thus, court erred in denying Defendant's motion to quash arrest and suppress evidence of drugs found in baggie. (GARCIA and GORDON, concurring.)