People v. Haddad
185 N.E.3d 252
Ill. App. Ct.2021Background
- Defendant Ibrahim H. Haddad was indicted for possession of cannabis with intent to deliver and possession after a traffic stop on January 19, 2017.
- Officer Borrowdale followed the defendant’s Audi for several minutes (about 150–200 yards behind for 4–6 minutes) intending to observe traffic infractions.
- At an intersection the officer observed the Audi about one car length (estimated ~18 feet) behind the vehicle ahead while both traveled ~40 mph in steady rain and concluded this was following too closely under 625 ILCS 5/11-710(a).
- Borrowdale stopped the Audi; cannabis was discovered after the stop. Defendant testified his car’s adaptive cruise control was set at 40 mph and did not indicate a vehicle was detected or require spacing adjustment.
- The trial court found a vehicle was ahead but rejected the officer’s distance-measurement methodology as not objectively reliable and granted the motion to suppress.
- On appeal the Third District, applying deferential review to the trial court’s credibility and factual findings, affirmed suppression because the officer failed to use an objective time-or-landmark-based method to show an unsafe following distance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicable standard of review for suppression ruling | State: dual standard — defer to facts, de novo on legal issue | Haddad: trial court made credibility/factual findings; manifest-weight review required | Court: manifest-weight review applies because trial court resolved factual credibility; outcome same even under de novo |
| Whether stop was justified for following-too-closely | Officer had reasonable suspicion/probable cause based on observing ~1 car length (~18 ft) at ~40 mph in rain | Officer’s distance estimate was unreliable; defendant’s adaptive cruise control and absence of objective measurement undermine suspicion | Court: stop invalid; suppression affirmed — officer failed to use an objectively reliable measurement (time/landmark method) to establish unlawful following distance |
Key Cases Cited
- People v. Absher, 242 Ill. 2d 77 (dual-review discussion for suppression rulings)
- Ornelas v. United States, 517 U.S. 690 (appellate review principles for reasonable-suspicion/probable-cause issues)
- People v. Wright, 183 Ill. 2d 16 (de novo review inappropriate when trial court made credibility findings)
- People v. Close, 238 Ill. 2d 497 (traffic stops judged by objective-reasonableness standard)
- Terry v. Ohio, 392 U.S. 1 (framework for investigative stops and limited seizures)
- People v. McQuown, 407 Ill. App. 3d 1138 (stopping a vehicle is justified when officer observes a traffic offense)