People v. Pulido
2017 IL App (3d) 150215
| Ill. App. Ct. | 2017Background
- On June 5, 2013 an undercover trooper received a tube of meth from defendant at the front of a tan Dodge minivan; no money exchanged and defendant was not detained. The trooper later provided vehicle/plate information to a narcotics task force.
- On June 11, 2013 state troopers, informed about a tan Dodge minivan with Washington plates possibly carrying narcotics, initiated a traffic stop for speeding after LIDAR showed defendant 7 mph over the limit.
- During the stop an officer deployed a narcotics detection dog (Rico) for a free-air sniff; Rico alerted on the driver’s side door, producing probable cause to search the vehicle on I-80.
- Officers conducted a roughly 15-minute hand search on the highway, found nothing, but nevertheless transported the vehicle and defendant to the Channahon police department where the dog again alerted and agents recovered meth taped in tubes from the air filter area; defendant signed a Spanish consent form at the station.
- Trial court denied suppression of the seized narcotics (but quashed the arrest and suppressed statements). A jury convicted defendant of possession with intent to deliver; he was sentenced to 15 years. On appeal the court reversed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the traffic stop lawful at inception? | Stop was lawful because officer’s LIDAR read 7 mph over limit. | Stop unlawful if based on pretext or uncorroborated tip. | Stop lawful — LIDAR reading provided reasonable, articulable suspicion and lawful basis. |
| Did the canine sniff unreasonably prolong the stop? | Sniff occurred while officer was completing duties (LEADS check/warning); therefore timely. | Sniff impermissibly prolonged the stop beyond traffic-mission. | Sniff did not unreasonably prolong the stop; it occurred within the time to complete the stop’s mission. |
| Did Rico’s alert supply probable cause to search on I-80? | Positive alert by a trained dog provides probable cause; Rico had prior certification and training. | Dog unreliable (certification expired); State failed to prove accuracy. | Dog alert provided probable cause; training and certification history made Rico reliable enough. |
| Did officers have authority to relocate vehicle and perform second search at station? | Moving vehicle was justified for safety/weather and consent was given at station, so second search lawful. | Probable cause dissipated after a thorough hand search on I-80; relocation exceeded scope of consent and second consent was tainted by illegal conduct. | Probable cause dissipated after the fruitless hand search; moving the vehicle for a second search exceeded the scope of consent and was unlawful; second search suppressed. |
Key Cases Cited
- Florida v. Harris, 568 U.S. 237 (2013) (drug-dog alert evaluated under a flexible, common-sense probable-cause standard and certification/training records support reliability)
- Illinois v. Caballes, 543 U.S. 405 (2005) (a suspicionless canine sniff during a lawful traffic stop does not violate the Fourth Amendment if it does not unreasonably prolong the stop)
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes two-prong test for investigatory stops: justification at inception and scope/duration reasonably related to circumstances)
- Whren v. United States, 517 U.S. 806 (1996) (traffic stops supported by probable cause for a traffic violation are reasonable under the Fourth Amendment)
- Florida v. Royer, 460 U.S. 491 (1983) (investigative stops must end once reasonable suspicion or probable cause dissipates)
- People v. Jones, 215 Ill. 2d 261 (Ill. 2005) (traffic stop reasonableness in Illinois; discusses limits on searches incident to stops)