Illinois Appellate Court
Criminal Court
Probable Cause
Defendant was arrested for violation of Chicago Municipal Code which prohibits drinking on a "public way", when officer saw him taking a drink of beer while standing in a gas station parking lot. Defendant was later tried and convicted for possessing a controlled substance (one "ecstasy" pill) which officer found in searching his pocket. Arrest was without probable cause, and court erred in denying Defendant's motion to quash arrest and suppress evidence. Parking lot is not a "public way". Officer did not have a reasonable belief that Defendant was breaking any law. (PUCINSKI, concurring; MASON, dissenting.)