Defendant was convicted, after jury trial, of possession of a controlled substance and possession with intent to deliver. Defendant was a passenger in a vehicle being driven by his cousin. Police stopped vehicle after officer saw it travellign 74 mph in a 70 mph zone and saw vehicle's tires cross the dashed lane lines. Officer found that the Wisconsin license of the driver was suspended. Police searched trunk of car and found an urn containing ashes and a bag of cocaine. Court erred in denying Defendant's motion to suppress his verbal statement to officer that the ashes were his father's. There was no evidence or inference that Defendant had knowledge or control of the urn or its contents. Defendant's mere presence in the vehicle could not alone create reasonable belief that defendant was involved in the criminal activity. (JORGENSEN and SCHOSTOK, concurring.)
Illinois Appellate Court
Criminal Court
Motion to Suppress