People v. Arnold

State: Illinois

Court: 2nd District Appellate

Docket No: 2-07-0463 Rel

Case Date: 08/26/2009

Preview:No. 2--07--0463 Filed: 8-26-09 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of Stephenson County. ) Plaintiff-Appellant, ) ) v. ) No. 06--CF--392 ) DEMETRIOUS ARNOLD, ) Honorable ) Michael P. Bald, Defendant-Appellee. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE SCHOSTOK delivered the opinion of the court: On November 10, 2006, after leaving his car and going into a store, the defendant, Demetrious Arnold, was arrested pursuant to a warrant that was later found to be invalid. Shortly after the arrest, a police officer searched his car and found cocaine and marijuana concealed in the ashtray. The defendant was charged with driving while his driver's license was revoked (625 ILCS 5/6--303(d) (West 2006)) and possession of a controlled substance with intent to deliver (720 ILCS 570/401(d) (West 2006)). The defendant moved to suppress the physical evidence, and the trial court granted the motion. We affirm. BACKGROUND At the suppression hearing, police officer Aaron Dykema provided most of the testimony. Officer Dykema testified that he was a patrol officer, that he had worked for the Freeport police department for 7

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