Illinois V, Roy Caballes

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Supreme Court Issue
Illinois v. Roy Caballes

When Roy Caballes was pulled over for speeding, the police officers were fully with the law and their jurisdiction, however, when they delayed the stop and preformed a sniff search they violated his Fourth Amendment rights. In 1998, while Roy Caballes was moving to Chicago, he was pulled over for going six miles an hour over the speed limit. It was November 12; he was driving a 1998 Grand Marquis along Interstate 80 in La Salle County. Being a routine traffic stop, Officer Daniel Gillette informed Roy Caballes that he was being stopped for speeding. He then requested a driver's license, vehicle registration, and proof of insurance. He also asked for permission to search the vehicle which was declined by Roy Caballes. When contacting dispatch to see if the papers Roy Caballes had given him were valid, he also asked dispatch to check if Roy Caballes had any outstanding warrants or previous criminal records. Dispatch then told the officer that Roy Caballes had been arrested twice for distribution of marijuana. When the officer asked Roy Caballes if he had any prior arrests, he said no. While Officer Gillette was writing the ticket another officer along with a dog arrived; they were from Drug Detection Team. When walking around the car the dog alerted to the smell of drugs. Upon further investigation, the two officers found marijuana in the trunk. Roy Caballes was then arrested for one count of cannabis trafficking. Roy Caballes, prior to trial, filed a motion to suppress the marijuana found in the trunk. His motion was denied. When the bench trial was finished, he was found guilty and sentenced to 12 years in prison as well as a street value fine of $256,136. Roy Caballes' lawyers then appealed with an argument stating the motion to suppress the marijuana should have been granted due to the fact that the officer prolonged the traffic stop based on time required to complete the "business portion" by...
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