Defendant was charged with unlawful possession with intent to deliver a controlled substance and unlawful possession with intent to deliver cannabis. Defendant was outside his home and near the driveway when officers arrived in their vehicles. Officers parked their vehicles by the driveway and in graveled area between road and side of home. The fact that there may have been other locations to park does not negate the reasonableness of officer's actions. Upon exiting her vehicle, officer detected the odor of fresh cannabis, and because officer was in a place where she had a lawful right to be, no fourth amendment violation occurred. Court erred in granting Defendant's motion to suppress evidence obtained from execution of search warrant on his home, as probable cause existed for issuance of warrant. (STEIGMANN and DeARMOND, concurring.)
Illinois Appellate Court
Criminal Court
Delivery of a Controlled Substance