Defendant was convicted, after bench trial, of being an armed habitual criminal. Initial seizure was lawful because vehicle in which he was a passenger was pulled over for his failure to wear a seatbelt. Officer first spoke to Defendant after driver had been placed in handcuffs due to his failure to possess ia valid driver's license. Officer's inquiries occurred during course of an active traffic stop, and did not measurably extned duration of stop, as officers were still working to secure the scene and impound the car. Thus, Defendant's search and seizure were not conducted in violation of his 4th amendment rights. Court did not err in denying motion to suppress. Because the traffic stop occurred because of Defendant's own conduct, a reasonable person in his position would not feel free to leave absent interaction with the officers who initiated the stop.Defendant had not yet been ordered out of the vehicle when he was questioned and admitted to possessing marijuana. (FITZGERALD SMITH and COBBS, concurring.)
Illinois Appellate Court
Criminal Court
Search & Seizure