KD was parked in a White Castle restaurant parking lot in a western suburb last November when he was approached by local police. The officers had pulled their squad car behind him and shined their hand held spot light on KD and his friend. They then approached KD’s car and allegedly observed him making “furtive movements” in what they believed was an attempt to conceal something. KD was ordered to exit his vehicle and searched. Police then searched the car also. During the search a Class X amount of heroin was discovered. Class X felonies carry a minimum sentence of 6 years and a maximum of 30 years.
At the preliminary hearing, Robert Callahan directly confronted the police officers about their reason to approach KD’s vehicle. They could not give any explanation for the stop beyond a mere hunch. Without probable cause or at least a reasonable suspicion to stop and search, the approach and detention of KD was unconstitutional and in fact illegal. The Judge made a finding of NO PROBABLE CAUSE and the case was DISMISSED.