People v. Scott

Illinois Appellate Court
Criminal Court
Probable Cause
Citation
Case Number: 
2012 IL App (5th) 100253
Decision Date: 
Thursday, January 19, 2012
District: 
5th Dist.
Division/County: 
Effingham Co.
Holding: 
Reversed and remanded.
Justice: 
STEWART
Deputy's testimony that he observed Defendant's right-side tires cross over fog line twice for a couple of seconds each time while following him, was sufficient, if believed, for deputy to believe that Defendant violated improper-lane-usage statute and to provide him with probable cause to effect initial traffic stop. Evidence of endangerment in violation of improper-lane-usage statute is not essential to finding of probable cause for stop. (WELCH and CHAPMAN, concurring.)