People v. Nash 

Illinois Appellate Court
Criminal Court
Fourth Amendment
Citation
Case Number: 
No. 2-09-0833
Decision Date: 
Thursday, March 31, 2011
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Reversed and remanded.
Justice: 
BURKE
Defendant was stopped by City police officer for not wearing a seat belt; officer learned that her license was suspended, and she could not produce proof of insurance. Officer did not question teenage passenger for license or proof of insurance, Court found that officer should not have impounded car because it was, in fact, insured. Vehicle Code and city police department procedures mandated that officer impound vehicle, because driver was suspended and vehicle was presumed uninsured as driver failed to produce proof of insurance, and neither Code nor procedures required thaty officer investigate the presence of a licensed driver and facilitate the showing of proof of insurance. (ZENOFF, concurring; BOWMAN, dissenting.)