Illinois Appellate Court
Criminal Court
Search and Seizure
(Court opinion corrected 11/8/10.) Police had probable cause to make traffic stop due to abrupt traffic maneuver and cracked windshield on minivan. Officer asked driver why he was nervous, and driver gave plausible answer that it was the first time he had been stopped by the police. Officer's further questioning of Defendant, a passenger, changed the fundamental nature of the stop, and infringed legitimate privacy interest, as it went beyond the scope of the stop and impermissibly prolonged the detention. No evidence that officer returned driver's license, and no traffic citations issued until after consent to search, which revealed contraband cigarettes. (PATTI and LAMPKIN, concurring.)