People v. Hall

This case presents question in instant prosecution on drug possession charges as to whether trial court properly granted defendant’s motion to suppress seizure of cocaine found in defendant’s car following traffic stop, where: (1) officer stopped vehicle because of his belief that passenger in car was wanted on arrest warrant; and (2) officer conducted search of car after smelling odor of raw marijuana upon making contact with passenger, who was not actual individual whom officer believed was wanted on arrest warrant. Appellate Court, in reversing trial court, noted that: (1) officer had good faith belief that passenger was wanted on arrest warrant due to similarity in appearances with individual who was actually wanted on arrest warrant; and (2) officer did not need other corroborating facts to justify instant stop. Also, Ct. found that officer had probable cause to search car due to fact that officer had smelled marijuana. Ct. rejected defendant’s argument that smelling of marijuana could not create probable cause to search car because Illinois has decriminalized marijuana possession under 10 grams.