People v. Cummings

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (3d) 120128
Decision Date: 
February 11, 2013
District: 
3d Dist.
Division/County: 
Whiteside Co.
Justice: 
LYTTON
Holding: 
Affirmed.
Defendant was charged with driving while license suspended. Officer testified that Defendant's behavior did not give him any suspicions, other than possibility that driver was owner of vehicle with warrant out for her arrest. Once officer knew Defendant was not vehicle's owner, there were no specific and articulable facts supporting probable cause. Court properly granted Defendant's motion to suppress evidence. Officer requested Defendant's driver's license and proof of insurance after reasonable suspicion for the stop had dissipated, without first ending the seizure. By asking for license with no reasonable suspicion for continued detention, officer unreasonably prolonged the duration of the stop. (HOLDRIDGE, concurring; WRIGHT, dissenting.)