Felony Possession of Cannabis with Intent to Deliver – MOTION TO QUASH GRANTED, ALL CHARGES DISMISSED

The Elmwood Park Police Department observed my client driving his vehicle with no seat belt on. The police officer made a traffic stop for the no seat belt violation. When the officer approached my client’s vehicle, he smelled an overwhelming odor of cannabis. The police officer asked my client permission to search the vehicle which was agreed to by my client. During the search of my client’s vehicle, the officer recovered over 400 grams of cannabis in the back seat of the vehicle. Because of the amount of cannabis, prosecutor was seeking 2 years in prison. We said no. I filed a motion to quash the arrest indicating that the officer had no right to stop him for no seat belt. During the hearing, I cross-examined the officer on how he could see a seat belt violation at night time. I showed that his testimony differed greatly from his own in-squad car camera. Even the judge commented that “the Defense showed material impeachment to the arresting officer.” The judge concluded that the officer’s testimony was not believable and granted my motion to quash the arrest and suppress all evidence. The State of Illinois quickly dropped all charges! From 2 years in prison to all charges being dismissed! This is what we do.