Mr. JUSTICE JONES,
dissenting:
I believe that the result reached by the majority is manifestly erroneous and accordingly I respectfully dissent.
Despite my agreement with the majority’s conclusion that defendant did not consent to the search of the paper bag found in the trunk of his car and the seizure therefrom of marijuana, I cannot agree that the warrantless search and seizure were unlawful.
Courts have long held there exists a constitutional difference between automobiles and homes, a difference that may in some situations justify a warrantless search. (Carroll v. United States, 267 U.S. 132, 69 L. Ed. 543, 45 S. Ct. 280; Cady v. Dombrowski, 413 U.S. 433, 37 L. Ed. 2d 706, 93 S. Ct. 2523; People v. Wiseman, 59 Ill. 2d 45, 319 N.E.2d 225.) This difference primarily turns on the mobility of automobiles and the impracticability of obtaining a warrant in many circumstances. (E.g., Carroll v. United States; Chambers v. Maroney, 399 U.S. 42, 26 L. Ed. 2d 419, 90 S. Ct. 1975; People v. Johnson, 13 Ill. App. 3d 204, 300 N.E.2d 535.) The lesser expectation of privacy in an automobile is also important. South Dakota v. Opperman,_U.S._, 49 L. Ed. 2d 1000, 96 S. Ct. 3092.
Whether or not the actions of Officer Korando were justifiable depends upon “factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians act.” (Brinegar v. United States, 338 U.S. 160, 93 L. Ed. 1879, 69 S. Ct. 1302; People v. Hester, 39 Ill. 2d 489, 237 N.E.2d 466.) The anonymous tip here provided sufficient justification based on the objective standard of reasonable suspicion articulated in Terry v. Ohio, 392 U.S. 1, 20 L. Ed. 2d 889, 88 S. Ct. 1868, for the stop of the car (Adams v. Williams, 407 U.S. 143, 32 L. Ed. 2d 612, 92 S. Ct. 1921; People v. Tassone, 41 Ill. 2d 7, 241 N.E.2d 419, cert. denied, 394 U.S. 965; People v. Miller, 36 Ill. App. 3d 542, 548-51, 345 N.E.2d 1) and initial questioning of defendant. When the officer later observed the paper bag on top of the beer cooler in defendant’s trunk and heard defendant’s protestations, both of which were corroborative of the tip, he gained sufficient knowledge to warrant a reasonable belief that the bag contained an ffiegal substance. In light of these circumstances this belief gave him probable cause to search. Chambers v. Maroney; People v. Canaday, 49 Ill. 2d 416, 275 N.E.2d 356; People v. Miller.
Once probable cause had been established in the present case, the officer was justified in grabbing and then searching the paper bag he saw in defendant’s trunk for the reasons articulated in the foregoing cases. Exigent circumstances were present. If aUowed to go on his way, defendant could easily have disposed of the contraband. The time was early morning and in this case it would have been impractical to obtain a warrant. Moreover, the reason for conducting the search was the same one that had prompted the officer to stop and question defendant. Consequently, I am convinced that the instant warrantless search was a reasonable one.
I would reverse the order of the circuit court of Randolph County and remand the cause for further proceedings.