Defendant was charged with 1 count of possession with intent to deliver 900 or more grams of methamphetamine. Court erred in granting Defendant's motion to quash arrest and suppress evidence. Under totality of circumstances analysis, initial stop of vehicle in which Defendant was riding was justified by reason of traffic violation which police observed and reasonable suspicion which officers had that occupants were engaged in criminal narcotics activity. Defendant was not under arrest solely by reason of having been handcuffed and placed in a police car. Resulting detention of Defendant prior to discovery of meth was reasonable in both scope and duration. Search of attache bag in which meth was found was conducted after police had probable cause to believe that narcotics were located therein. In addition, after car was lawfully stopped, owner of car gave consent for search of vehicle, and a narcotics-detection dog sniffed exterior and interior of car and alerted to presence of narcotics in attache bag, giving police probable cause to search bag. (ROCHFORD and DELORT, concurring.)
Illinois Appellate Court
Criminal Court
Probable Cause