Suppressed
N/AOUTCOME: All evidence suppressed. The State Attorney appealed to the Illinois 3rd District Appellate Court where the trial court's decision was affirmed.
The State's offer on this case was for 5 years of incarceration in the custody of the Illinois Department of Corrections. Essentially a vehicle was disabled in the median of the interstate, and the dri ... ver had an outstanding warrant. Passenger/Client was ordered to sit where the Officer could see him while processing the driver. Client was patted down for officer safety whereupon a pill bottle was discovered around the client's neck. Client told the officer it contained pills, and a second officer advised the first that they could not let the client leave the scene without knowing what was in the bottle. The bottle was then seized. This bottle allegedly had U.S. currency, and a number of controlled substances. At hearing on our motion to quash the arrest and suppress evidence and statement's given the Judge agreed that the client was seized for 4th Amendment purposes at the moment the officer instructed client to sit and wait. The case was ultimately dismissed as no evidence was admissible at trial.
