During routine traffic stop, officers ran a name check on Defendant, a passenger, which showed an investigative alert from Chicago Police Department for alleged sexual assault. Defendant was arrested and made incriminating statements. Court denied motion to suppress those statements, and Defendant was convicted of criminal sexual assault after bench trial. Mission of stop was to resolve a red light violation. It is not clear whether officers asking Defendant for ID and obtaining his driver's license were related to resolving the red light violation or were part of a detouring investigation, which prolonged the stop. State failed to meet its burden of showing that the stop was not unlawfully prolonged. Traffic stop violated 4th amendment and court should have granted motion to suppress. (THEIS, M. BURKE, OVERSTREET, and CARTER, concurring; A. BURKE, concurring in part and dissenting in part; NEVILLE, concurring in part and dissenting in part.)
Illinois Supreme Court
Criminal Court
Search & Seizure