Illinois Appellate Court
Criminal Court
DUI
Defendant was charged with DUI. Court granted Defendant's motion to suppress evidence. Even if officer's confiscation of Defendant's keys could be deemed reasonable based on interest in officer safety, officer then used those keys to unlock Defendant's vehicle so that he could conduct a search. Officer did not testify that he observed an open can that he knew to be one of an alcoholic beverage. Thus, it was not immediately apparent to either officer that vehicle contained any contraband.Totality of officers' observations did not rise ot level of probable cause allowing them to enter vehicle without a warrant. (McDADE and O'BRIEN, concurring.)