Defendant was convicted, after stipulated bench trial, of possession with intent to deliver cannabis. Officer's testimony and video show that Defendant was not seized at the time officer requested consent to perform dog sniff. As Defendant was not seized at the time of the dog sniff, because Level 3 inspection of semi-truck Defendant was driving had terminated and he was free to leave, the 4th amendment did not apply. Court did not err in finding that officer had reasonable, articulable suspicion of criminal activity to prolong the stop, as he thought it was abnormal for Defendant to have a private seal on his load, place a padlock on the wrong door, and have discrepancies in his logbook. (LYTTON, concurring; SCHMIDT, specially concurring.)
Illinois Appellate Court
Criminal Court
Search & Seizure