4th District rules police tow was illegal seizure

By Andrew Maloney Law Bulletin staff writer

Posted April 22, 2014 3:20 PM

SPRINGFIELD — Calling it “fruit plucked from a poisonous tree,” a divided 4th District Illinois Appellate Court panel agreed Monday to suppress drug possession evidence after deciding a vehicle search violated the Fourth Amendment. Justice Thomas R. Appleton wrote the majority opinion, saying a police tow of a vehicle after a traffic stop unnecessarily prolonged seizure of the car. The decision affirmed a ruling by Moultrie County Circuit Judge Daniel L. Flannell. Officers had found evidence of …

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