MOTION TO SUPPRESS GRANTED — ANONYMOUS TIP HELD INSUFFICIENT TO JUSTIFY STOP
On March 17, 2010, in Circuit Court of Cook County, Second Municipal District (Skokie), in the case of the People of the State of Illinois v. K.K., Sheppard & Associates’ Motion to Quash Arrest and Suppress Evidence was granted on behalf of their client. The motion suppressed nine tinfoli packets containing heroin that were seized from the defendant’s vehicle. The officers had stopped the defendant’s vehicle pursuant to an anonymous tip that the defendant’s vehicle (the license plate, color, and make of the vehicle were given) was travelling with two occupants and a rifle in the backseat. At the time of the stop, there was only one occupant in the vehicle (the defendant) and no rifle in the backseat. The arresting officer testified that, as she approached the defendant’s vehicle to conduct a field interview, she observed on the front passenger seat tinfoil packets spilling out of a Marlboro cigarette pack. She testified that she knew tinfoil packets to be a common method for packaging heroin. She searched the vehicle and recovered nine packets of heroin.
Sheppard and Associates argued in their motion that the the anonymous tip was not sufficient to justify the stop because it was not suitably corroborated, it did not predict future behavior of the defendant (e.g., inform officers of what direction the defendant would be traveling in) and that the officers who stopped the defendant did not know what time the anonymous tip came into the police station. The judge granted the Motion to Quash Arrest and Suppress Evidence on these grounds and the state was forced to dismiss the case.
