Traffic Stop not a license for criminal investigation..
Illinois Supreme Court ^
Posted on 05/31/2007 6:50:24 PM PDT
In a pair of decisions handed down November 20, Illinois' highest court has held that police conducting traffic stops may not undertake criminal investigations of drivers or passengers without a reasonable suspicion that a crime has been committed. The twin decisions broaden Illinois citizens' right to be free from unlawful search and seizure and provide greater protection than granted by the US Supreme Court in similar cases.
In one case, the court threw out the conviction of a man arrested after a drug dog sniffed his car during a traffic stop. In the other, the same line-up of judges threw out the conviction of a passenger who was arrested after providing identification to a police officer, who then used it to run a warrant check.
Roy Caballes was stopped for driving 71 mph in a 65 mph zone on Interstate 80, and while one trooper wrote him a speeding ticket, another trooper arrived with a drug-sniffing dog and walked around Caballes' vehicle. When the dog alerted, troopers searched the vehicle, found marijuana in the trunk, and arrested Caballes.
Caballes filed a motion to suppress the evidence, arguing that the search was illegal because there was no reasonable suspicion that he was in fact committing a crime. In trial court testimony, prosecutors produced no tell-tale smells, roaches in ashtrays, or any other evidence other than that Caballes appeared nervous and was wearing a new suit. The motion was rejected and Caballes was convicted. He appealed, and last week the Illinois Supreme Court agreed that the drug dog search resulting in Caballes' arrest was not allowed.
Illinois Supreme Court ^
Posted on 05/31/2007 6:50:24 PM PDT
In a pair of decisions handed down November 20, Illinois' highest court has held that police conducting traffic stops may not undertake criminal investigations of drivers or passengers without a reasonable suspicion that a crime has been committed. The twin decisions broaden Illinois citizens' right to be free from unlawful search and seizure and provide greater protection than granted by the US Supreme Court in similar cases.
In one case, the court threw out the conviction of a man arrested after a drug dog sniffed his car during a traffic stop. In the other, the same line-up of judges threw out the conviction of a passenger who was arrested after providing identification to a police officer, who then used it to run a warrant check.
Roy Caballes was stopped for driving 71 mph in a 65 mph zone on Interstate 80, and while one trooper wrote him a speeding ticket, another trooper arrived with a drug-sniffing dog and walked around Caballes' vehicle. When the dog alerted, troopers searched the vehicle, found marijuana in the trunk, and arrested Caballes.
Caballes filed a motion to suppress the evidence, arguing that the search was illegal because there was no reasonable suspicion that he was in fact committing a crime. In trial court testimony, prosecutors produced no tell-tale smells, roaches in ashtrays, or any other evidence other than that Caballes appeared nervous and was wearing a new suit. The motion was rejected and Caballes was convicted. He appealed, and last week the Illinois Supreme Court agreed that the drug dog search resulting in Caballes' arrest was not allowed.
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