People v. Colquitt

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (1st) 121138
Decision Date: 
September 20, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
GORDON
Holding: 
Reversed and remanded.
(Court opinion corrected 10/2/13.) Defendant was charged with DUI and blocking a roadway. Court suppressed arrest on grounds of unlawful seizure and lack of probable cause. Defendant was not seized when officer briefly activated his emergency equipment and parked behind him after making U-turn, out of safety concerns. Seizure occurred only when the officer had observed evidence of his intoxication. Officer's conduct did not rise to level of seizure where he did not draw his weapon, did not touch Defendant, and did not use language or tone of voice to indicate Defendant must comply with his requests. (LAMPKIN and REYES, concurring.)