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No. 2—09—0833 Opinion iled March 31, 2011

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IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

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) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Lake County. THE PEOPLE OF THE STA OF ILLINOIS, TE Plaintiff-Appellant, No. 09—CM—2933 v. Honorable John J. Scully, Judge, Presiding. ASHLEY K. NASH, Defendant-Appellee. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

JUSTICE BURKE delivered the judgment of the court, with opinion. Justice Zenoff concurred in the judgment and opinion. Justice Bowman dissented, with opinion.

OPINION

Defendant, Ashley K. Nash, was driving her car with a teenager and a small child riding as

passengers. A police of icer, Nathan Hucker of the Zion police department, stopped the car because

defendant was not wearing her seat belt. See 625 ILCS 5/12—603.1(a) (West 2008). The of icer

determined that defendant’s driving privileges had been suspended, and defendant could not produce

an insurance card. Defendant was arrested, handcuffed, and placed in the backseat of the squad car.

While waiting for a tow truck to impound the vehicle, the officer conducted an inventory search and

found under the driver’s seat evidence that caused defendant to be charged with attempted unlawful

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