Traffic Stops and Consent -- Supreme Court of Illinois

Here are the basic facts --

An officer stopped a vehicle for a traffic citation during the early morning hours. The officer had a hunch the driver might have drugs in the vehicle, so he called for a back-up. The officer gave the suspect his paperwork etc back and gave him a warning ticket. The officer then asked the driver if he could search his car.

The driver consented. The officer searched the car and found drugs.

The driver moved to suppress the drugs.

The Illinois Supreme Court ruled that by giving the ticket and all paperwork back to the driver the driver was no longer seized and an officer may seek consent during this period. Therefore the evidence was admissible.

Best --

DA