Defendant was pulled over by police while driving, and consented to being searched. Court properly denied his motion to suppress evidence obtained from search. After stipulated bench trial, court found Defendant guilty of unlawful possession of a controlled substance. Officers did not prolong the stop beyond the time necessary to complete the mission of the stop. No evidence that officer delayed or hindered other officer's efforts to question and search Defendant so that other officers could investigate matters unrelated to the traffic stop. Sentence of 16 years was not an abuse of discretion, not manifestly disproportionate to nature of offense, and court carefully considered Defendant's rehabilitative potential and past criminal history. Prosecutor's having asked for 13 years initially in plea offer, then seeking 20 years after trial, is not a "trial tax" upon Defendant for rejecting plea offer. (KNECHT, concurring; TURNER, specially concurring.)
Illinois Appellate Court
Criminal Court
Motions to Suppress