People v. Mallery

Illinois Appellate Court
Criminal Court
Motion to Suppress
Citation
Case Number: 
2023 IL App (4th) 220528
Decision Date: 
Tuesday, April 25, 2023
District: 
4th Dist.
Division/County: 
Henry Co.
Holding: 
Reversed and remanded.
Justice: 
HARRIS

Defendant was charged with possession of methamphetamine and filed a motion to suppress the evidence against her based on a lack of probable cause for the search of her vehicle in conjunction with a traffic stop. The trial court granted the motion and the State appealed. The appellate court reversed and remanded, finding that probable cause existed for a search of the vehicle based on the positive alert of a canine and that this analysis had not changed due to the legalization of cannabis, one of just five narcotic substances the dog was trained to alert to. (TURNER and ZENOFF, concurring)