People v. Bond
2016 IL App (1st) 152007
Ill. App. Ct.2017Background
- At ~2:45 a.m., Kevin Bond was seated in his car on 119th Street at Longwood Drive, a location straddling the Chicago/Blue Island border (north side Chicago, south side Blue Island).
- Blue Island Officer Chickerillo observed the car partially over the white line and concluded it was improperly parked; he later crossed into Chicago and approached the vehicle, finding Bond disoriented and smelling of alcohol.
- Officer Chickerillo discovered Bond’s license was suspended via LEADS and arrested him for driving with a suspended license; officer also issued a ticket for improper parking on the roadway (a petty offense).
- Bond moved to quash the arrest and suppress evidence, arguing the Blue Island officer lacked authority to investigate or arrest in Chicago; the trial court granted the motion solely on that jurisdictional/legal basis.
- The State appealed, arguing the officer had extrajurisdictional authority under the Illinois Municipal Code (65 ILCS 5/7-4-7, 7-4-8) and, alternatively, could have effectuated a citizen’s arrest (725 ILCS 5/107-3).
- The appellate court concluded the Municipal Code authorizes a Blue Island officer to exercise police powers in adjoining municipalities within the same county (including Chicago) but vacated and remanded because the trial court made no factual findings or credibility determinations before granting suppression.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Bond) | Held |
|---|---|---|---|
| Whether a Blue Island officer may exercise police powers in Chicago after observing an illegal parking offense on the municipal border | Sections 7-4-7 and 7-4-8 of the Municipal Code grant extrajurisdictional authority to police in an adjoining municipality within the same county | Officer lacked authority because Code of Criminal Procedure §107-4(a-3)(2) limits extrajurisdictional arrests absent witnessing a misdemeanor/felony in the officer’s presence | The Municipal Code’s plain language gives officers in a police district full authority to exercise police powers in adjoining municipalities; officer had authority to enter Chicago |
| Whether §107-4(a-3) of the Code of Criminal Procedure overrides the Municipal Code’s extrajurisdictional grant | §107-4(a-3) is not fatal here; it governs arrests statewide but does not conflict with the Municipal Code’s extension of local officers’ authority into a police district | §107-4(a-3) restricts extrajurisdictional arrests unless enumerated conditions are met, so it should prevent this arrest | Court held no conflict: §107-4(a-3) does not negate Municipal Code authority to act in an adjoining municipality in same county; not dispositive here |
Key Cases Cited
- People v. Kirvelaitis, 315 Ill. App. 3d 667 (discusses extrajurisdictional arrests and police districts)
- Harroun v. Addison Police Pension Board, 372 Ill. App. 3d 260 (recognizes authority to arrest in adjoining municipality under Municipal Code)
- People v. Jones, 215 Ill. 2d 261 (standard of review for suppression rulings)
- People v. Davis, 352 Ill. App. 3d 576 (manifest weight standard for factual findings)
- People v. McChriston, 2014 IL 115310 (statutory construction principles; give plain language effect)
Notes: The appellate court vacated the trial court’s suppression order and remanded for factual findings/credibility determinations before readdressing the motion to quash.