People v. Trisby, 989 N.E.2d 650

Defendant Darryl Trisby charged with possession of 1–15 g heroin with intent to deliver near a school; motion to quash/arrest and suppress evidence filed.
At suppression hearing, Officer Tucker witnessed a narcotics-like hand-to-hand exchange in a high-narcotics area just before stopping the car for a turn-signal violation.
Defendant observed pulling hand from pocket; officer recovered a rubber-banded bundle containing nine bags of heroin from the pocket.
Bench trial proceeded by stipulation; suppression-hearing testimony and chain of custody stipulated; chemist testified to heroin content.
Trial court denied suppression; defendant convicted on lesser offense; sentenced to 3.5 years plus 1 year supervised release.
On appeal, the issue is legality of the pocket search; appellate court reverses and vacates sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the pocket search lawful under Terry	State contends suppression preserved; argues Terry stop allowed search	Trisby argues no valid Terry stop; no weapon fear	No Terry basis; not a weapons stop; suppression required
Did the observed transaction and furtive movements establish probable cause	State asserts single hand-to-hand in high narcotics area with furtive movements	Trisby argues insufficient for probable cause	Single exchange with furtive gestures insufficient for probable cause

People v. Oliver, 368 Ill. App. 3d 690 (2006) (single transaction with unidentified object not enough for probable cause)
People v. Holliday, 318 Ill. App. 3d 106 (2001) (no probable cause from single exchange of unknown items)
People v. Creagh, 214 Ill. App. 3d 744 (1991) (furtive movements alone insufficient for probable cause)
People v. Rainey, 302 Ill. App. 3d 1011 (1999) (furtive gestures insufficient absent additional facts)
Wear v. Illinois, 229 Ill. 2d 545 (2008) (probable cause totality of circumstances standard)