People v. Kats

Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2012 IL App (3d) 100683
Decision Date: 
Friday, March 9, 2012
District: 
3d Dist.
Division/County: 
Rock Island Co.
Holding: 
Reversed and remanded.
Justice: 
HOLDRIDGE
Officer issued written warning to motorist for failure to merge; nine minutes from time officer first spoke to Defendant to when he told him he was free to leave was not unduly long period of time to complete stop. Officer's subsequent search of vehicle, to which Defendant consented, was not part of traffic stop. Officer's use of screwdriver to pry open door panels which were easily removed and replaced, and behind which cannibas was found, did not exceed scope of Defendant's consent to search. (CARTER, concurring; SCHMIDT, specially concurring.)