People v. Reedy

Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2015 IL App (3d) 130955
Decision Date: 
Wednesday, August 26, 2015
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
SCHMIDT
(Court opinion corrected 9/30/15.) Police officers conducted traffic stop after twice observing passenger-side tires of Defendants' vehicle completely cross over solid white fog line on right side of road, first on entrance ramp and then while on interstate. Defendants were found in possession of at least 900 grams of heroin in duffel bag found on front passenger-seat floorboard, after dog sniff of exterior of vehicle. Court erred in granting dual motions to suppress heroin. Probable cause existed for stop, as Vehicle Code prohibits driving on shoulder. Traffic stop was not unduly delayed, as trained narcotics canine arrived less than 5 minutes after stop, and before purpose of stop was completed, and traffic stop last less than 10 minutes.(HOLDRIDGE, concurring; LYTTON, specially concurring.)