People v. Daniel

Illinois Appellate Court
Criminal Court
Probable Cause
Citation
Case Number: 
2013 IL App (1st) 111876
Decision Date: 
Friday, March 22, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Reversed and remanded.
Justice: 
GORDON
Initial stop of Defendant's vehicle was a lawful Terry stop, as they obsertved him commit a traffic violation in failing to use turn signal to indicate a lane change. Officers were entitled to order Defendant to exit his vehicle. Officer's handcuffing of Defendant did not transform the stop into an arrest in this case, as under the facts of the case, use of handcuffs was reasonably necessary for safety; officers observed several furtive movements by driver and occupant, including reaching to the floorboard. (LAMPKIN, concurring; HALL, specially concurring.)