People v. Gallagher

Illinois Appellate Court
Criminal Court
Obstruction of a Peace Officer
Citation
Case Number: 
2020 IL App (1st) 150354
Decision Date: 
Thursday, November 19, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed.
Justice: 
REYES

Defendant was convicted, after jury trial, of obstructing a peace officer's performance of authorized acts. Evidence was insufficient to establish that officer was engaged in an authorized act, as required to support conviction. Defendant had pulled into parking lot of gas station to check his tires. When, at 12:45 a.m., police officer pulled up behind Defendant's vehicle, Defendant turned vehicle on and began making a 3-point turn. Officer then demanded that he provide his drivers license and insurance card. Officer prohibited Defendant from opening door to his vehicle to get insurance card from trunk. Officer testified that he did not observe Defendant doing anything of a suspicious nature. Officer did not have a reasonable, articulable suspicion that Defendant was committing a crime. (HALL and LAMPKIN, concurring.)