People v. McClanahan

The State appeals the order of the trial court granting defendant’s motion to suppress evidence. The State alleges that the trial court incorrectly found that no probable cause existed to justify the search of defendant’s automobile.

We disagree and affirm.

On September 2, 1988, defendant Donald McClanahan was arrested and charged with the offenses of possession and delivery of a controlled substance (Ill. Rev Stat., 1988 Supp., ch. 56½, pars. 1402(b), 1401(b)(2)) and unlawful use of a weapon (Ill. Rev. Stat. 1987, ch. 38, par. 24—1(a)(4)). Defendant filed a motion to suppress evidence,…