People v. Yanez

Illinois Appellate Court
Criminal Court
Search & Seizure
Citation
Case Number: 
2014 IL App (1st) 123364
Decision Date: 
Monday, June 30, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Reversed and remanded.
Justice: 
CONNORS
Unmarked police car stopped Defendant, who was driving truck near Midway Airport, and without warrant or permission of Defendant, officers entered truck and found cocaine and money inside side padding in cooler located in truck. Court erred in applying probable cause standard to determine whether investigatory stop was justified rather than considering totality of evidence. Officer identified specific and articulable facts supporting his reasonable suspicion that Defendant was transporting narcotics, sufficient to conduct investigatory stop of Defendant. (HOFFMAN and CUNNINGHAM, concurring.)