In consolidated appeal, State appeals from judgments of circuit court granting motions of Defendants to suppress evidence found following a dog sniff of their vehicle. The mission of the traffic stop had been completed, when officer finished written warning, such that the dog sniff unduly prolonged the stop, in violation of 4th amendment. Illinois law did not require driver of vehicle to provide proof of insurance, as her vehicle was properly registered in Minnesota. Officer's unjustified return to vehicle, to ask driver for passenger for proof of insurance, unduly prolonged the traffic stop. There was no probable cause, independent of the dog sniff, to search the vehicle. Evidence was insufficient to provide probable cause to believe that driver and 2 passengers were involved in drug trafficking. (McLAREN and SCHOSTOK, concurring.)
Illinois Appellate Court
Criminal Court
Search & Seizure