People v. Ruano

              FIFTH DIVISION
December 26, 2008
1-08-0592
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellant, ) Cook County.
)
v. ) No. 06 CR 6641
)
SALVADOR RUANO, ) Honorable
) Thomas J. Hennelly,
Defendant-Appellee. ) Judge Presiding.
JUSTICE TOOMIN delivered the opinion of the court:
After a hearing on defendant, Salvador Ruano’s motion to quash arrest and suppress
evidence, the trial court granted relief and suppressed 96 kilograms of cocaine recovered during a
traffic stop. The State now appeals, contending the court erred in granting the motion where it
found probable cause to search the vehicle existed, but reasonable suspicion to make the initial
traffic stop was lacking. For the reasons that follow, we affirm the order of the circuit court.
BACKGROUND
Defendant was charged with possession of a controlled substance with intent to deliver
after 96 kilograms of cocaine were recovered from a search of his tractor trailer. After
arraignment, defendant moved to quash his arrest and suppress the evidence. At the conclusion of
the hearing, the court granted the motion upon a finding that there was no probable cause or
reasonable suspicion to support the traffic stop. In turn, the State filed a certificate of
impairment, pursuant to Supreme Court Rule 604(a)(1) (210 Ill. 2d R. 604(a)(1)), as well as a
notice of appeal. The sole issue before us is whether the court’s decision regarding the initial stop