People v. Thomas

(Modified upon denial of rehearing 1/8/15.) Defendant was convicted, after stipulated bench trial, of possession of controlled substance and resisting a peace officer. Defendant was lawfully seized when vehicle in which he was a passenger was stopped for a traffic violation. Setup procedure of officer ordering Defendant to roll windows up and turn on the heat before officer conducted dog sniff of exterior of vehicle was not an unreasonable search, under 2011 case precedent from Illinois Supreme Court (People v. Bartelt). No evidence presented that officer was injured, and thus resisting arrest conviction reduced from felony to misdemeanor. (HOLDRIDGE and O'BRIEN, concurring.)