Last Summer FR was stopped by an Illinois State Trooper for talking on his cell phone. The trooper asked for his license and insurance which he provided. After determining that Mr. R’s license was valid, the trooper asked for permission to search his car. FR, believing he had no choice, exited his car. He was then searched. The trooper recovered a Class X amount of heroin during the search. The trooper claimed in her reports and during her testimony at the Preliminary Hearing that FR was extremely nervous and fidgeting a lot. She believed this gave her a right to search him.
Our first question when hired by FR was “Is there a camera in that squad car”? Sure enough, there was. The video from the arrest contradicted everything contained in the trooper’s reports. We also obtained the audio recording from inside the trooper’s squad car. During the recording she expresses her desire to search the car even though she might not have probable cause to do it.
We filed a Motion to Suppress evidence based on an unconstitutional search and requested a hearing. During the hearing, we were able to present all the above evidence to the judge. The judge found that the trooper had no probable cause, no reasonable suspicion or even valid consent to search Mr. R and his car. MOTION TO SUPPRESS EVIDENCE GRANTED CLASS X FELONY