People v. Kolody

The State appeals from an order of the circuit court which granted the motion of defendant, Christopher Kolody, to suppress evidence. The State raises two issues on appeal: whether the trial court erred in suppressing the evidence because the search of defendant’s car was based on probable cause; and whether the trial court erred in suppressing the evidence because the search of defendant’s car was valid as a search incident to defendant’s arrest. We affirm.

Defendant was charged with unlawful possession of marijuana (Ill. Rev. Stat. 1987, ch. 56x/2, par. 704(c)) and unlawful delivery of…