2012 IL App (3d) 110165
Ill. App. Ct.2012Background
- Defendant Dion Flint was cited for DUI, reckless driving, and improper lane usage; his license was summarily suspended after failing a breath test.
- Flint moved to rescind the summary suspension and to suppress evidence, both granted by the circuit court due to lack of reasonable articulable suspicion to stop.
- Deputy Messer testified that Flint crossed the center line briefly on Stripmine Road and performed two donuts in a small, icy parking lot.
- Defense relied on Hackett to argue that a single momentary lane deviation could not justify a stop; the circuit court agreed.
- State appealed, arguing the officer had reasonable articulable suspicion to stop and that the court should review de novo.
- Court held that, applying Hackett, the officer had a reasonable articulable suspicion to stop for a possible 11-709(a) violation; reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable articulable suspicion to stop for 11-709(a)? | Flint lacked a valid stop; officer lacked reasonable suspicion. | Momentary lane deviation and parking-lot donut did not justify a stop. | Yes; officer had reasonable articulable suspicion; stop permissible |
Key Cases Cited
- Hackett, 2012 IL 111781 (Illinois Supreme Court (2012)) (establishes scope of reasonable suspicion for lane-deviation stops under 11-709(a))
- Wear, 229 Ill. 2d 545 (Illinois Supreme Court (2008)) (deference to circuit court findings; de novo review of legal issues)