Police stopped Defendant for running red light, then officer returned to his police car and returned to squad car to check status of his drivers license and learned of active investigative alert for Defendant involving a homicide. Defendant was then placed in back seat of squad car, and another officer, looking through backseat window, saw brick of cocaine in back seat. That officer, without permission, then entered Defendant's car and retrieved cocaine. Search of Defendant's vehicle was not a valid search incident to arrest, as Defendant was not in custody, and thus officer had no grounds for securing Defendant's car. Discovery of cocaine stems directly from Defendant's improper detention and thus was properly suppressed. (PIERCE and NEVILLE, concurring.)
Illinois Appellate Court
Criminal Court
Motions to Suppress