Dro, Dro, Dro…..no probable cause…..

No. 1-09-1107
 Judge Presiding.
PRESIDING JUSTICE GARCIA delivered the judgment of the court, with opinion.
Justice McBride specially concurred, with opinion.
Justice R.E. Gordon dissented, with opinion. 
Defendant Ronnie Grant was arrested by Chicago police officers for violating the city of
Chicago ordinance prohibiting the solicitation of an unlawful business on a public way. The
officers, on a narcotics suppression mission, observed the defendant yell "dro, dro" at a passing
vehicle while standing at a known narcotics sales spot, precipitating the defendant's arrest. The
custodial search of the defendant resulted in the recovery of contraband. The circuit court denied
the defendant's motion to quash arrest and suppress evidence. After a stipulated bench trial, the
defendant was found guilty of Class 4 possession of cocaine and sentenced to three years'
imprisonment. He contends he was arrested without probable cause, which, if established, means
the circuit court erred in denying his suppression motion. On our de novo review, we hold the
circuit court erred in denying the defendant's motion as his arrest was not supported by probable
cause. We reverse.

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