23 order filed December 20, 2017
to publish allowed February 5, 2018
from the Circuit Court of Henry County, Nos. 15-CF-54,
15-CF-55; the Hon. Jeffrey W. O'Connor, Judge, presiding.
Matthew Schutte, State's Attorney, of Cambridge (Patrick
Delfino, Lawrence M. Bauer, and Mark A. Austill, of
State's Attorneys Appeal Appellate Prosecutor's
Office, of counsel), for the People.
Vandersnick, of Cambridge, and Matthew Paulson, of Rock
Island, for appellees.
JUSTICE SCHMIDT delivered the judgment of the court, with
opinion. Justices Holdridge and McDade concurred in the
judgment and opinion.
1 The State appeals from the circuit court's ruling
granting defendants' motions to quash arrest and suppress
evidence. The State argues that the dog sniff conducted on
defendants' vehicle was constitutionally permissible due
to defendants' consent. Separately, the State argues that
the circuit court admitted improper evidence at the hearing
on defendants' motions. We affirm.
3 The State charged defendants, Wan Fung Lee and Jacky Yao
Chuan Xiong, with unlawful cannabis trafficking (720 ILCS
550/5.1(a) (West 2014)), unlawful possession with intent to
deliver cannabis (id. § 5(g)), and unlawful
possession of cannabis (id. § 4(g)). Each
defendant, in turn, filed a motion to quash arrest and
suppress evidence. Those motions were heard on October 7,
4 Sergeant Clint Thulen testified that he pulled over
defendants' vehicle on March 9, 2015, for failure to
signal a lane change. A video recording of the traffic stop
was introduced into evidence.
5 The video begins as Thulen commences the traffic stop.
Thulen approaches the passenger side of the vehicle and leans
into the window. Approximately 1½ minutes later, the
driver of the vehicle, later identified as defendant Lee,
exits the vehicle and walks to the front of Thulen's
squad car. Thulen sits in the driver's seat of the squad
car and soon thereafter Lee sits in the passenger seat.
Thulen radios in defendants' information. At the seven
minute mark of the video recording, a second officer,
Sergeant Brian Strouss arrives at the scene.
6 Once Strouss has approached the squad car, Thulen says to
him, "I couldn't smell it, but (unintelligible)
probably full of weed." Thulen then asks Lee:
"The duffel bags full of weed?
THULEN: Are the duffel bags in the back full of weed? (Lee
shakes his head from side to ...