People v. Carter

Defendant was convicted, after stipulated bench trial, of unlawful possession of a controlled substance. After stopping Defendant for running a stop sign, officer found that his license was suspended. Officer did pat down search and found small amount of cocaine in Defendant's crotch area. Defendant wore his pants low, and his underwear was visible even before officer unzipped Defendant's pants. Court's factual determination that officer did not arrange Defendant's clothing "so as to permit a visual inspection of" Defendant's underwear was not manifestly erroneous, and thus Defendant was not strip searched within meaning of Section 103-1 of Criminal Code, which limits use of strip searches. Court erred in not holding hearing to determine whether Defendant could afford $100 public defender fee. (CARTER and O'BRIEN, concurring.)