People v. Thomas

Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2018 IL App (4th) 170440
Decision Date: 
Tuesday, August 28, 2018
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Affirmed.
Justice: 
CAVANAGH

Police officer stopped Defendant and gave him a warning for an obstructed windshield, and ended the traffic stop. Officer then lacked reasonable suspicion to detain Defendant further for a dog sniff. Court properly granted Defendant's motion to suppress cannabis dog smelled in vehicle and which police found in an ensuing search. No reasonable suspicion, including fact that Defendant did not look directly at officer and seemed nervous, and presence of snack food wrappers and energy drink containers, and absence of luggage, to justify detaining Defendant for dog sniff. (HARRIS and TURNER, concurring.)