People v. Abdur-Rahim

Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2014 IL App (3d) 130558
Decision Date: 
Wednesday, August 20, 2014
District: 
3d Dist.
Division/County: 
LaSalle Co.
Holding: 
Reversed.
Justice: 
LYTTON
Court improperly denied motions to suppress of Defendant was was charged with unlawful possession of cannabis with intent to deliver. Fifty-minute detention after initial traffic stop for following too closely and improper lane usage was unlawful extension of stop. Upon issuing warning tickets and resolving issue of Defendant being on terrorist watch list, troopers needed independent reason to lawfully extend duration of stop.Trooper failed to supply articulable facts necessary to support a fourth amendment intrusion, as he was vague as to whether he smelled odor of burnt cannabis. Facts support only hunch or suspicion of illegal activity, and not reasonable and articulable suspicion of trafficking cannabis. (McDADE and O'BRIEN, concurring.)