People v. Porter

Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2014 IL App (3d) 120338
Decision Date: 
Monday, January 13, 2014
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed.
Justice: 
O'BRIEN
(Modified upon denial of rehearing 3/4/14.) Defendant was convicted of armed violence, after having been arrested while leaving gas station after buying a drink. Measured by an objective standard, officer had no reason to believe that Defendant was armed and dangerous. Thus, court erred in denying motion to quash and suppress. Without the evidence that should have been suppressed, State cannot prove Defendant's guilt. (CARTER and HOLDRIDGE, concurring.)