People v. Nally

The defendants, Rodney A. Nally, Lawrence K. Watson and Terry W. Sykes, were charged with theft of a motorcycle over $150 in value. Defendants moved to suppress the motorcycle on the ground that it was unlawfully seized from defendants’ vehicle following a stop for a traffic violation. The State appeals from an order suppressing the evidence.

Watson was driving a van-type motor vehicle on State Route 31 on August 21, 1977, with Nally and Sykes as passengers. At approximately 2:30 a.m. West Dundee police officers stopped the vehicle solely because it was going 46 miles per hour in a…