People v. Gonzalez-Carrera

Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2014 IL App (2d) 130968
Decision Date: 
Tuesday, September 2, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK
Defendant was stopped based on officer seeing pickup truck for driving with one red taillight, as officer observed one taillight to have a hole the size of a couple inches in the red plastic covering, so that taillight emitted both red and white light when brakes were activated. State failed to establish valid basis for traffic stop, as it was daylight, dry, clear visibility, and none of the conditions requiring use of two red taillights existed at time of stop. Court thus properly granted Defendant's motion to suppress evidence found in his vehicle during traffic stop. (ZENOFF and HUDSON, concurring.)