Illinois DUI Lawyer Blawg
One of the tenets of DUI law throughout the country is that the police must have reasonable suspicion that a person operating a vehicle committed a crime or violated a traffic law prior to effectuating a traffic stop. Thus, if an officer lacks sufficient grounds to stop a motorist, any evidence obtained during the stop may be precluded at a subsequent DUI trial. What constitutes sufficient grounds to effectuate a stop varies from State to State, but generally, more than mere suspicion is required, as demonstrated in a recent Pennsylvania case. If you live in Illinois and were stopped without just cause and subsequently charged with a DUI crime, it is in your best interest to speak with a trusted Illinois DUI attorney regarding your potential defenses.
Details of the Pennsylvania Case
Allegedly, an officer stopped the defendant due to a “hunch” that she was doing something illegal. Specifically, the officer, who was dispatched on another call, stopped the defendant because he believed she was trying to evade him because she turned several times. The officer admitted, however, that the defendant did not exhibit any signs of intoxication while driving, did not violate any traffic laws, and there were no defects on her car that would cause suspicion. Following the stop, the defendant was charged with and convicted of DUI. After her conviction, she appealed, arguing that the officer lacked reasonable suspicion to stop her. The appellate court overturned her conviction and remanded the case to the lower court, ordering suppression of the evidence obtained during the stop.
Reasonable Suspicion Under Illinois Law
Under Illinois law, stopping a vehicle is considered a search and seizure. For a stop to be lawful, an Illinois police officer must possess a rational belief that the person stopped has committed or intends to commit a crime. The suspicion must be both articulable and reasonable. In other words, a totality of the facts present at the time of the stop must be sufficient to inspire the belief in a person of ordinary caution that the stop was appropriate, which requires more than a hunch or vague suspicion that criminal activity has occurred or is about to occur. While Illinois does not have a bright-line rule for whether a stop is reasonable, and each case is evaluated on its particular facts, it is likely that in Illinois a stop based on a hunch, with no evidence of illegal activity or a violation of a traffic law, would be deemed improper.
Speak with an Experienced DUI Attorney
Citizens of Illinois have rights, including the right to be free from unreasonable search and seizures, and if their rights are violated, any evidence obtained during an unjust stop should be barred from evidence. If you are accused of a DUI offense, it is advisable to speak with an experienced Illinois DUI attorney to discuss your options for protecting your interests. Attorney Theodore J. Harvatin, of the Harvatin Law Offices, PC, is a trusted attorney with the knowledge and resources to help you strive for the best result available under the facts of your case. You can contact Mr. Harvatin at 217.525.0520 or through the online form to schedule a consultation to discuss your charges.