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No. 2—09—0833

possession of a controlled substance. See 720 ILCS 570/402(c) (West 2008); 720 ILCS 5/8—4(a)

(West 2008).

Defendant moved to suppress the evidence on the ground that, when the vehicle was

searched, the officer did not have a reasonable suspicion that there was evidence that needed to be

preserved in connection with the offense of driving with a suspended license. The trial court granted

the motion, and the State appeals. The State argues that defendant’s suspended license and her

inability to show proof of insurance at the time of the stop meant that her car could not be driven

legally, and therefore the inventory search that disclosed the contraband was reasonable under the

fourth amendment. Defendant responds that the vehicle did not need to be impounded, because the

of icer did not ask the teenage passenger whether she (1) had a valid driver’s license, (2) could

produce proof that the car was insured, and (3) was willing to take possession of the car. We reverse

the suppression order and remand the cause for further proceedings.

FACTS

On June 10, 2009, defendant was charged with attempted unlawfulpossession of a controlled

substance in that defendant, with the intent to commit the offense of unlawful possession of a

controlled substance, performed a substantialstep toward the commission of that offense. The charge

alleged that defendant possessed an object that contained methylenedioxymethamphetamine

(MDMA), also known as ecstasy, which is a controlled substance. See 720 ILCS 570/402(c) (West

2008); 720 ILCS 5/8—4(a) (West 2008).

On June 19, 2009, defendant moved to suppress the evidence. Defendant conceded that the

seat belt violation was a valid basis for the traffic stop. However, defendant asserted that, once she

was arrested and placed in the backseat of the squad car, the officer did not have a reasonable

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