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Illinois traffic stop leads to drug seizure

A 24-year-old Illinois man was taken into custody on the night of Dec. 21 after police allegedly discovered cocaine, marijuana and Oxycodone pills in his vehicle during a routine traffic stop. The Chicago resident was transported to the Jo Daviess County Jail where he was booked on charges including the unlawful delivery of narcotics and obstructing identification. The second charge was added because the man is accused of giving deputies a false name to avoid being linked with several open warrants. He was also cited for speeding and driving without a valid driver's license.

A Jo Daviess County Sheriff's Office deputy operating a K-9 unit says that he pulled the man's car over near the intersection of Catlin Street and Main Street in Elizabeth at about 11:15 p.m. for speeding. The deputy says that his suspicions were aroused by the man's nervous behavior and the powerful odor of marijuana emanating from the vehicle.

A subsequent search is said to have led to the discovery of cocaine, cannabis and opiate pills packaged in a way that indicated that they were for sale. A 21-year-old woman who was traveling with the man was cited by the deputy for failing to properly restrain a young child.

Experienced criminal defense attorneys may read police reports especially closely when the most compelling evidence against their clients was discovered during warrantless searches. This kind of search is permitted, but strict rules must be followed. When police appear to have strayed beyond established constitutional boundaries or traffic stops were prolonged unreasonably to allow K-9 units to be called to the scene, attorneys may seek to have seized narcotics excluded and serious drug charges dismissed.

Source: WQAD, "Police: Man facing drug charges after being pulled over for speeding in Elizabeth, IL", Staff report, Dec. 26, 2018

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Gene Ognibene Associates

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