Defendant was convicted of cannabis trafficking, possession of cannabis with intent to deliver, and possession of cannabis and sentenced to 14 years in prison. Defendant appealed, arguing that he was denied the effective assistance of counsel when trial counsel did not move to suppress on the ground that the officer lacked probable cause to search defendant’s semi-trailer. The appellate court affirmed and the supreme court granted defendant’s petition for leave to appeal. The supreme court affirmed the judgments of the lower court, finding that defendant did not have a meritorious claim of ineffective assistance of counsel because a canine alert provided probable cause to search the vehicle. (THEIS, NEVILLE, OVERSTREET, HOLDER WHITE, CUNNINGHAM, and O’BRIEN, concurring)
Illinois Supreme Court
Criminal Court
Motion to Suppress