People v. Perez

The State appeals pursuant to Supreme Court Rule 604(a)(1) (134 Ill. 2d R. 604(a)(1)) from an order of the circuit court of Kane County granting the motion of the defendant, William Perez, to suppress evidence. The State argues on appeal that the cocaine removed from defendant’s pants pocket after a pat-down search inevitably would have been discovered during a subsequent search incident to arrest. We affirm in part, reverse in part, and remand.

The State charged the defendant by indictment with the unlawful possession of more than 15 but less than 100 grams of a substance containing cocaine…