People v. Maberry

Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2015 IL App (2d) 150341
Decision Date: 
Wednesday, December 23, 2015
District: 
2d Dist.
Division/County: 
DeKalb Co.
Holding: 
Reversed and remanded.
Justice: 
BIRKETT

Defendant was charged with DUI, possession of drug paraphernalia, and following too closely. Court erred in granting Defendant's motion to suppress. Uncontested testimony that Defendant followed officer's squad car at an interval of a car-length or less for the distance of a football field while travelling 30-35 mph. Officer Defendant’s vehicle based on his observation and opinion that defendant was following him at an unsafe distance, and officer's observation justified an investigatory traffic stop. (McLAREN and HUDSON, concurring.)