A Victory Over Some Illegal “Drug Courier Profile” Traffic Stops in Illinois

The test should be, “Is it better than Prohibition.” Does the proposal stop the arrest of smokers and establish a legal market where consumers can obtain their marijuana?

The Supreme Court of Illinois recently handed down a decision which found that some of the drug courier profile traffic stops in their state were illegal, and agreed with the lower courts that the drugs confiscated in five cases that had been combined for the court’s consideration, should be suppressed. The case was People v. Ringland, et al.

The criminal defense attorney bringing this legal challenge was NORML Legal Committee (NLC) Life Member Stephen M. Komie from Chicago.

The somewhat unique fact in all five of these cases, which arose in 2012 and 2013, was that the drivers were all stopped and searched by a “special investigator” of the La Salle County prosecutor’s office; not by state or local police. After carefully considering the statute that establishes and defines the powers of state prosecutors, the high court found that the prosecutor did not have the legal authority to hire their own people to drive up and down the highways, making traffic stops and searching vehicles for drugs.

Congratulations to attorney Stephen Komie for ending these illegal traffic stops in Illinois with a creative legal challenge.

 
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