People v. Bernstein

              No. 3–07–0243
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Filed June 26, 2008
IN THE APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 2008
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court
Plaintiff-Appellee, ) for the 14th Judicial Circuit,
) Henry County, Illinois
)
v. ) No. 06–CF–438
)
PETER BERNSTEIN, ) Honorable
Defendant-Appellant. ) Larry S. Vandersnick,
) Judge, Presiding
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JUSTICE O’BRIEN delivered the opinion of the court:
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Defendant Peter Bernstein was arrested following a traffic stop and charged with unlawful
possession with intent to deliver cannabis and unlawful possession of cannabis. He filed a motion
to suppress evidence which the trial court denied. A stipulated bench trial ensued after which the
trial court found Bernstein guilty of unlawful possession with intent to deliver and sentenced him
to a term of probation of 48 months. Bernstein appeals the denial of his motion to suppress. We
reverse the trial court’s denial of his motion, vacate his conviction and sentence, and remand.
FACTS
On November 20, 2006, defendant Bernstein was stopped on Interstate 80 in Henry County
for speeding and an expired license plate. The stop was executed by Illinois State Police Sergeant
Floyd Blanks, using his flashing MARS lights, which activated his squad car’s videotape recording
equipment. The videotape of the traffic stop establishes that the following occurred. After