BOGUS SEARCH INCIDENT AND/OR INVENTORY SEARCH RESULTS IN REVERSAL OF CONVICTION

Martell Clark was stopped by Chicago Police for a minor traffic violation. Asked for his driver’s license, he produced a ticket and an insurance card. The officer took Martell from the car and placed him in the police car for transport to the station per Chicago police procedure when no license is produced. An “inventory search” of Martell’s car was then conducted, anticipating a tow, resulting in the recovery of cocaine. The trial court, Judge Linehan, denied the motion to suppress but the Appellate Court by Justice Gallagher reversed that ruling and the conviction. Regarding the “inventory search” the opinion concludes that the officer’s “testimony here was insufficient to show that he was acting in accordance with a standardized police procedure regarding the decision to tow” and therefore “no cognizable reason for the impoundment was shown to justify the subsequent search conducted pursuant to it.” People v Martell Clark, No. 1-07-3185, 1st District, 4th Division 9/3/09.

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