People v. Geier
407 Ill. App. 3d 553
Ill. App. Ct.2011Background
- Defendant Judy C. Geier was arrested for DUI on May 16, 2009, by Boone County Deputy Stark after allegedly crossing the fog line multiple times.
- Stark followed Geier for miles and ultimately stopped her on Riverside Road; he observed the fog line violation and a potential center-line crossing, but cited no ticket for the latter.
- Geier moved to suppress arrest evidence, arguing Stark lacked probable cause to stop her; the trial court granted the motion, finding delay in stopping undermined probable cause and relying on Leyendecker.
- The State appealed, arguing a patrol officer may delay a stop and that probable cause existed from the observed traffic violation.
- The trial court denied the State’s reconsideration, keeping suppression in place; the State certified impairment and appealed to the appellate court.
- The appellate court reversed and remanded, holding the trial court erred in applying Leyendecker and in undervaluing Stark’s probable cause and expertise.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was probable cause present to stop Geier? | Geier lacked probable cause for stop; observed violation supports stop. | Delay in stopping undermined probable cause; Leyendecker distinguishes facts. | Probable cause existed; reversal warranted. |
| Did Leyendecker apply to this case? | Leyendecker controlled the suppression ruling. | Leyendecker’s facts are distinguishable and inapplicable. | Leyendecker not controlling; error in relying on it. |
| Does delayed stopping invalidate the stop when threat to safety exists? | Delay is permissible where officer safety and road conditions require it. | Delays undermine probable cause and the stop was premature. | Delay does not dissipate probable cause; considering officer safety supports stop. |
Key Cases Cited
- Leyendecker, 337 Ill.App.3d 678 (2003) (fog-line crossing not sufficient for probable cause when conditions immaterial)
- Smith, 172 Ill.2d 289 (1996) (officer may arrest with probable cause to arrest for a traffic violation)
- Shepherd, 242 Ill.App.3d 24 (1993) (probable cause continues for arrest despite delay in stopping)
- Montgomery, 112 Ill.2d 517 (1986) (definition and requirements of probable cause for warrantless arrest)
- Wear, 229 Ill.2d 545 (2008) (probable cause does not require belief to be more likely true than false)
- Schmitt, 346 Ill.App.3d 1148 (2004) (analysis of probable cause in traffic-stop context)