People v. Cummings

Illinois Supreme Court
Criminal Court
Driving While Suspended
Citation
Case Number: 
2014 IL 115769
Decision Date: 
Thursday, March 20, 2014
District: 
3d Dist.
Division/County: 
Whiteside Co.
Holding: 
Appellate court affirmed.
Justice: 
THEIS
Police officer violated fourth amendment when, after stopping a van solely because it was registered to a woman with outstanding arrest warrant, he asked male driver for driver’s license. Unless an officer’s request for identification is related to the reason for the traffic stop, it impermissibly extends the stop and violates the fourth amendment. Officer lacked reasonable suspicion after he learned the defendant could not be the subject of the outstanding arrest warrant, his request for the Defendant’s license impermissibly prolonged the stop and violated the fourth amendment. (FREEMAN, KILBRIDE, KARMEIER, and BURKE, concurring.)