People v. Clements

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2012 IL App (3d) 110213
Decision Date: 
September 5, 2012
District: 
3d Dist.
Division/County: 
Whiteside Co.
Justice: 
WRIGHT
Holding: 
Reversed and remanded.
Defendant was arrested for DUI after stopping his car at roadside safety checkpoint. Investigatory stop did not occur, and Defendant did not contest his detention for DUI once officer approached him; thus, Defendant was not seized. Officer would have had ample basis for stopping and detaining Defendant, based on officer's observations that Defendant was driving too fast while approaching safety checkpoint, where multiple squad cars were parked. (CARTER, concurring; McDADE, dissenting.)