Roy Caballes, prior to trial, filed a motion to suppress the marijuana found in the trunk. His motion was denied. When the bench trial was finished, he was found guilty and sentenced to 12 years in prison as well as a street value fine of $256,136. Roy Caballes' lawyers then appealed with an argument stating the motion to suppress the marijuana should have been granted due to the fact that the officer prolonged the traffic stop based on time required to complete the "business portion" by requesting previous criminal records...
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Also the officer issued a written warning, when a verbal warning was within discretion. The lawyers made a final argument that a search was not warranted because of the unreliability of dog alerts. In a unanimous decision the Illinois Appellate court concluded that the officer was allowed to detain Roy Caballes during a speedy warrant check...
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