People v. Butorac

Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2013 IL App (2d) 110953
Decision Date: 
Friday, December 27, 2013
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
ZENOFF
Defendant was convicted of operating a watercraft which under the influence of alcohol, after officers stopped his boat per Section 2-2(a) of Boat Registration and Safety Act, which permitted officers to board and inspect any boat at any time to determine compliance with the Act. Section 2-2(a), as applied to Defendant, is not unconstitutional. State's interest in promoting safety of persons and property in connection with boating outweighs minimal intrusion occasioned by officers' stop of Defendant's boat. (SCHOSTOK, concurring; McLAREN, dissenting.)