People v. Hackett
406 Ill. App. 3d 209
Ill. App. Ct.2010Background
- Hackett was charged with aggravated DUI and aggravated driving while license revoked.
- Circuit court granted Hackett’s motion to quash arrest and suppress evidence for lack of probable cause to stop.
- Deputy Blouin observed Hackett’s vehicle on Briggs Street cross the lane divider between the two northbound lanes on two occasions, describing brief, slight encroachments.”
- Blouin followed and eventually stopped Hackett after the second crossing, citing a traffic violation as the stop basis.
- Blouin testified he did not observe potholes or obstructions prompting lane deviation, and Hackett’s driving remained largely within a lane apart from brief crossings.
- The State sought to uphold the stop under the Illinois Vehicle Code and related case law, focusing on Smith’s interpretation of lane usage and probable cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there probable cause to stop for improper lane usage under 11-709(a)? | State argues Blouin observed violations. | Hackett contends no violation occurred. | No probable cause; stop improper. |
| Does Smith require reversal when a motorist briefly crosses a lane line? | Smith supports stopping on crossing the line. | Crossings were minor and insufficient. | Smith not to be read as per se violation; no probable cause here. |
| May a stop be upheld if based on a mistake of law but supported by reasonable suspicion? | Reasonable suspicion could justify stop. | No violation occurred; no reasonable suspicion. | Unpersuasive; no reasonable suspicion. |
| Did Halsall/Albright remain controlling after Smith? | Halsall/Albright show dangers in lane deviation. | Smith changed controlling law. | Smith controls; Halsall/Albright not apply to this factual scenario. |
| Was the trial court’s suppression proper given the record? | Probable cause existed under Smith or reasonable suspicion. | No probable cause. | Yes; suppression affirmed. |
Key Cases Cited
- People v. Smith, 172 Ill. 2d 289 (Ill. 1996) (two-lane usage statute requires driving within one lane and safe movement; crossing lanes can create probable cause)
- People v. Halsall, 178 Ill. App. 3d 617 (Ill. App. 1989) (improper lane usage requires endangering others; not per se upon minor crossings)
- People v. Albright, 251 Ill. App. 3d 341 (Ill. App. 1993) (improper lane usage requires danger to others; earlier holdings superseded by Smith)
- People v. Matous, 381 Ill. App. 3d 918 (Ill. App. 2008) (framework for reviewing suppression rulings; reasonable suspicion standard)
- Illinois v. Caballes, 543 U.S. 405 (U.S. 2005) (context for traffic stops and canine searches; relevance to stop legality)
- People v. Robinson, 62 Ill. 2d 273 (Ill. 1976) (concept of reasonable presumptions guiding interpretation of statute)