Illinois Appellate Court
Criminal Court
Motions to Suppress
Witnesses
After bench trial, Defendant was convicted of one count of felony driving while revoked, as his license had been revoked for DUI conviction, and sentenced to 2 years imprisonment. At trial witness testified that she had been driving vehicle, then had acid reflux episode so she and Defendant switched seats after pulling over onto side of road, when police officer activated his flashing lights, and approached car because car was in "no parking" zone. Officer lacked grounds to make Terry stop, as Defendant and witness never left vehicle unoccupied, officer did not inquire why pulled off road, and officer showed authority by activating lights; thus, unlawful seizure. Defendant's counsel was ineffective by failing to move to suppress Defendant's driver's license, which was obtained per unlawful seizure.