PEOPLE V. L.S.

- The Defendant was the owner of a car where she was a passenger in the front seat, while she let her fiancée driver. The vehicle also had two other people in the back seat. As the car was proceeding down an express way, the vehicle was directed to stop by the State Police at a roadside safety check point (“road block”). The police discovered that the driver had a revoked license and warrant for his arrest. Thereafter the owner of the car/passenger, had a valid driver’s license and was unaware of the status of her fiancée’s driver’s license or his problems with the law. The driver was placed under arrest and the auto, all occupants and trunk were searched. Then, in the trunk, wrapped in Defendant’s clothes were a crack pipe and several ounces of crack cocaine and other drugs were discovered. The Defendant was placed under arrest and charged with a drug charge. Salvatore C. Miglore filed a Motion to Quash the Arrest and Suppress the evidence, due to the fact that the State Police did not follow the U.S. Constitutional and Illinois Constitutional requirements for a valid “Road Block”, where this one gave the officers unbridled discretion to stop whom they wanted without any reasonable suspicion or a crime. Further, since the Defendant had a valid driver’s license, Salvatore C. Miglore argued that there was no reason to search the vehicle, because the theory of search incident to a lawful arrest of the driver or an inventory search did not apply under these facts. At trial, it was argued that even if the road block was proper the Defendant/Passenger could not be connected to the drugs and paraphernalia, upon the theory of constructive possession; and, therefore she was found not guilty.