Defendant was convicted of unlawful possession of a controlled substance. Court erred by denying Defendant’s motion to suppress evidence as officer lacked reasonable suspicion or probable cause to stop Defendant, and officer’s mistake of law was not objectively reasonable. Video recording showed that Defendant moved from the far-left lane of highway, across 2 center lanes, into the far-right lane which becomes an entrance ramp to interstate. Before crossing these lanes, Defendant activated his right turn signal, in compliance with section 11-804(d) of Motor Vehicle Code, to indicate his intent to change lanes. As Defendant was not “turning within a business or residence district”, his signal did not need to flash for 100 feet before he departed any lane. Thus, Defendant did not commit turn signal violation which officer cited as basis for stop. (HOLDRIDGE and O’BRIEN, concurring.)
Illinois Appellate Court
Civil Court
Traffic Laws