Supreme Court of Illinois

Where defendant had voluntarily exited his car and was walking away from it when an officer initiated contact which led to defendant's arrest, the search of the vehicle's passenger compartment was not incident to defendant's arrest.

Appellate Information

• Decided 12/19/2002
• Published 02/06/2003

Judges

• Justice RARICK delivered the opinion of the court:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• James E. Ryan, Attorney General, Springfield, and Ron Matekaitis, State's Attorney, Sycamore (Joel D. Bertocchi, Solicitor General, William L. Browers and Lisa Anne Hoffman, Assistant Attorneys General, Chicago, and Norbert J. Goetten, Martin P. Moltz and Lawrence M. Bauer, of the Office of the State's Attorneys Appellate Prosecutor, Elgin, of counsel), for the People.


• For Appellees:
  
• Max G. Peterson, Aurora, for appellee.