People v. Litwin

Illinois Appellate Court
Criminal Court
Witnesses
Citation
Case Number: 
2015 Il App (3d) 140429
Decision Date: 
Thursday, September 17, 2015
District: 
3d Dist.
Division/County: 
LaSalle Co.
Holding: 
Reversed.
Justice: 
McDADE
Defendant was convicted of unlawful cannabis trafficking and sentenced to 12 years. Court’s conclusion that arresting officer was credible is not entitled to deference, as that conclusion was clearly against manifest weight of evidence. Officer was not credible as to whether he smelled cannabis emanating from Defendant’s vehicle. Thus, officer was not justified in prolonging during of traffic stop for improper lane usage. Thus, court erred in denying motion to quash arrest and suppress evidence. (O'BRIEN, concurring; CARTER, dissenting.)