People v. Linley

              No. 2--08--0171 Filed: 2-11-09
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Winnebago County.
)
Plaintiff-Appellee, ))
v. ) No. 06--CF--2082
)
JOHN D. LINLEY, ) Honorable
) Ronald J. White,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE SCHOSTOK delivered the opinion of the court:
Following a stipulated bench trial in the circuit court of Winnebago County, defendant, John
D. Linley, was found guilty of possession of cocaine with intent to deliver (720 ILCS 570/401(c)(2)
(West 2006)) and was sentenced to a seven-year prison term. On appeal, defendant argues that the
trial court erred in denying his pretrial motion to quash his arrest and suppress evidence. We reverse.
At the hearing on his motion, defendant testified that, on June 5, 2006, at about 1:25 a.m.,
he was standing outside his home, talking to two individuals who were sitting inside a truck parked
at the end of his driveway. The home was located at the corner of North Day Avenue and Liberty
Street in Rockford. At that time, several police cars pulled up. Police officers emerged from the
vehicles and confronted defendant. The officers grabbed defendant and placed him against the truck.
One of the officers held defendant against the truck. Another officer conducted a pat-down search
and removed various items from defendant's pants pockets.