People v. Lopez

Illinois Appellate Court
Criminal Court
Motion to Suppress
Citation
Case Number: 
2018 IL App (1st) 153331
Decision Date: 
Friday, October 5, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div,
Holding: 
Reversed.
Justice: 
DELORT

Defendant was charged with driving while license suspended. Court denied Defendant's motion to quash arrest and suppress evidence. Defendant's post-stop observation that Defendant "was driving the black Expedition" must be suppressed. As that observation was not made until after officer stopped the vehicle, it is not attenuated from the illegal stop and is thus suppressible. Anonymous tip was neither reliable nor sufficiently detailed to justify a stop, and officer's reliance on that tip to make stop violated Defendant's 4th amendment rights. As officer lacked reasonable suspicion to perform traffic stop, that stop is a "poisonous tree", and any evidence obtained from stop must be suppressed.(CONNORS and HARRIS, concurring.)