People v. Molitor

Summary

The Illinois Appellate Court, Second District, reviewed Dustin Molitor’s conviction for unlawful possession of fentanyl. The court held that police exceeded the permissible scope of a Terry pat-down by removing and searching Molitor’s wallet during a retail-theft investigation, and it reversed the trial court’s denial of the motion to suppress. The excerpt does not include the complete opinion.

Holdings

1. Even assuming the pat-down was lawful at its inception, officers exceeded Terry's permissible scope by removing and searching Molitor's wallet after determining that it was not a weapon.
2. Molitor's statements and behavior did not establish a valid basis for the warrantless search of his wallet, and the record did not support the State's claim that he disclaimed ownership of it.
3. The contents of Molitor's wallet were obtained through an unconstitutional search and should have been suppressed.

Questions Presented

1. Whether the officers' removal and search of Molitor's wallet exceeded the permissible scope of a Terry pat-down search.
2. Whether the warrantless search of the wallet was justified by officer-safety concerns, the investigation of the reported retail theft, or Molitor's statements and behavior.
3. Whether the contents of the wallet should have been suppressed as the product of an unconstitutional search.

Disposition

reversed