(Modified upon denial of rehearing 2/19/21.) Deputy stopped Defendant for failure to have a rear registration plate. Deputy then saw that Defendant had a valid, temporary registration sticker in his rear window. Deputy then asked Defendant for his driver's license, and found that his license was suspended. During search of vehicle, deputy found a gun and substance which appeared to be cocaine. Defendant was charged with a Class X felony, unlawful possession of a controlled substance with intent to deliver. Court erred in granting Defendant's motion to quash arrest and suppress evidence. Defendant's right to be free from unreasonable searches and seizures was not violated by officer requesting Defendant's driver's license after the reason for the stop had dissipated because such ordinary inquiries are part of the mission of a traffic stop and do not unreasonably prolong the stop for purposes of 4th amendment or article I, section 6, of Illinois Constitution. (LYTTON, concurring; McDADE, dissenting.)
Illinois Appellate Court
Criminal Court
Search & Seizure