People v. Grant

Defendant was convicted, after stipulated bench trial, of Class 4 possession of cocaine. Court improperly denied Defendant's motion to quash arrest, as his arrest was not supported by probable cause. Officer took Defendant into custody for violating provision of Chicago Municipal Code which prohibits using a public way to "solicit any unlawful business". Officer heard Defendant yell "dro, dro" to a passing car (which did not stop), as Defendant stood alone outside entrance to CHA building. Officer testified that "dro, dro" referred to a certain type of cannabis, and that Defendant had been standing in a "weed spot". Complaint alleging only conduct of yelling "dro, dro" is insufficient as matter of law, as it does not inform a reasonable person that phrase is slang for cannabis. (McBRIDE, specially concurring; R.E. GORDON, dissenting.)