People v. Fitzpatrick

Illinois Supreme Court
Criminal Court
Citation
Case Number: 
2013 IL 113449
Decision Date: 
April 4, 2013
District: 
2d Dist.
Division/County: 
Lake Co.
Justice: 
THOMAS
Holding: 
Appellate court affirmed.
Defendant was stopped by officer for walking down the middle of a street, a petty offense in violation of Motor Vehicle Code and contrary to municipal ordinance. Defendant was arrested and, at police station, was searched for contraband, and cocaine was found in his sock. Defendant was charged with possession of cocaine. Neither U.S. Constitution nor Illinois Constitution prohibits arrests for a minor, fine-only offense, unless any of the narrow exceptions in the Illinois Constitution apply. (KILBRIDE, FREEMAN, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)