People v. Close

Illinois Supreme Court
Criminal Court
Traffic Laws
Citation
Case Number: 
No. 108459
Decision Date: 
Thursday, October 21, 2010
District: 
3d Dist.
Division/County: 
LaSalle Co.
Holding: 
Appellate court affirmed; remanded.
Justice: 
FITZGERALD
Defendant was charged with felony driving while license revoked. Police officer stopped Defendant at 7:13 p.m. on a Sunday after he ran license plate check, found that vehicle owner's license was revoked, and saw that photograph resembled driver, and that owner had a restricted driving permit (RDP) but could not tell terms of RDP. Officer was not required to have a reasonable articulable suspicion that Defendant was not in compliance with the terms of his RDP, as that is not an element of the offense of driving while license revoked. Facts available to officer, including that Defendant was wearing a tank top, baseball cap, and sunglasses, and officer's knowledge that RDPs are typically issued for work or hardship, were sufficient to create the reasonable, articulable suspicion necessary to effect a Terry stop (FREEMAN, THOMAS, KILBRIDE, GARMAN, and KARMEIER, concurring; BURKE, dissenting.)