People v. Linley

State: Illinois

Court: 2nd District Appellate

Docket No: 2-08-0171 Rel

Case Date: 02/11/2009

Preview:No. 2--08--0171 Filed: 2-11-09 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of Winnebago County. ) Plaintiff-Appellee, ) ) v. ) No. 06--CF--2082 ) JOHN D. LINLEY, ) Honorable ) Ronald J. White, Defendant-Appellant. ) Judge, Presiding. _________________________________________________________________________________ JUSTICE SCHOSTOK delivered the opinion of the court: Following a stipulated bench trial in the circuit court of Winnebago County, defendant, John D. Linley, was found guilty of possession of cocaine with intent to deliver (720 ILCS 570/401(c)(2) (West 2006)) and was sentenced to a seven-year prison term. On appeal, defendant argues that the trial court erred in denying his pretrial motion to quash his arrest and suppress evidence. We reverse. At the hearing on his motion, defendant testified that, on June 5, 2006, at about 1:25 a.m., he was standing outside his home, talking to two individuals who were sitting inside a truck parked at the end of his driveway. The home was located at the corner of North Day Avenue and Liberty Street in Rockford. At that time, several police cars pulled up. Police officers emerged from the vehicles and confronted defendant. The officers grabbed defendant and placed him against the truck. One of the officers held defendant against the truck. Another officer conducted a pat-down search and removed various items from defendant's pants pockets.

No. 2--08--0171 Aaron Booker testified that he was a sergeant with the Winnebago County sheriff's department. He had worked for the department for 13

Download People v. Linley.pdf