U.S. v. Wilbourn

Federal 7th Circuit Court
Criminal Court
Search and Seizure
Citation
Case Number: 
Nos. 13-3715 & 13-3727 Cons.
Decision Date: 
August 26, 2015
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed and reversed in part and remanded
In prosecution on series of drug offenses, Dist. Ct. erred in denying defendant’s motion to suppress drugs found in back seat of vehicle in which defendant was passenger. While govt. justified stop of vehicle on information that police had received during drug investigation, govt.’s justification was insufficient, where arresting officers were unaware of said information. Moreover, while arresting officers explained that they stopped vehicle after having observed traffic violation, officers failed to cite or investigate any traffic violation. As such, evidence seized from vehicle should have been suppressed since record suggested that arresting officers had no reasonable suspicion to stop said vehicle.