People v. Wofford

Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2012 IL App (5th) 100138
Decision Date: 
Wednesday, May 9, 2012
District: 
5th Dist.
Division/County: 
Effingham Co.
Holding: 
Reversed and remanded.
Justice: 
STEWART
Court improperly granted motion of Defendant, charged with weapons possession and drug offenses, to suppress evidence and statements. Trooper's testimony of his method of determining time interval between vehicles, for offense of following too closely, was sufficient to justify traffic stop. Trooper reasonably relied on Illinois Rules of the Road guideline that driver is following too closely when less than a two-second interval between vehicles. Seventeen-minute duration of traffic stop, mostly to check driver's license and FBI number and determine if impaired, was reasonable and not unnecessarily prolonged to write warning ticket. Evidence of training, experience, and procedures of trooper and narcotics-detection dog sufficient to rebut prima facie case of improper basis for vehicle search. (DONOVAN and SPOMER, concurring.)