(Court opinion corrected 8/23/17.) Defendant was charged with unlawful possession of methamphetamine with intent to deliver after narcotics were found in his vehicle. Court erred in partially denying Defendant's motion to suppress. Although order to stop Defendant on the road was given prior to an observed traffic offense, Defendant was speeding at the time he was pulled over and his detention was thus supported by a lawful traffic stop. Free-air sniff by drug detection dog did not unduly prolong encounter because dog was already near scene of stop. Probable cause dissipated when officers failed to find any narcotics or hidden compartments during first hand search of vehicle. Thus, search should have ended at that point. Officers acted improperly by relocating vehicle to other police department for 2nd search.(LYTTON and O'BRIEN, concurring.)
Illinois Appellate Court
Criminal Court
Motion to Suppress