People v. Hansen
968 N.E.2d 164
Ill. App. Ct.2012Background
- Defendant Hansen was arrested for DUI following a stop based on a 9-1-1 tip about a truck performing donuts in Fieldon, Illinois.
- A dispatch relay indicated the truck matched a black GMC with writing on the rear window and a black dog in the back; the driver was alone at the time of stop.
- The trial court granted Hansen’s petition to rescind statutory summary suspension and a motion to quash arrest, finding the stop lacked reasonable suspicion.
- The State appealed, arguing the tip had sufficient reliability under Shafer to justify the stop; the court agreed and reversed, remanding for proceedings on the DUI charge.
- The court emphasized Shafer’s four-factor test for reliability of tips and held that nonanonymous, detailed, contemporaneous tips may justify a stop without observing a traffic violation first.
- The opinion notes the proper remedy for an invalid stop is suppression of evidence, not voiding the arrest, and remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 9-1-1 tip establishes reasonable suspicion | Hansen | Hansen | Yes; tip supports reasonable suspicion |
| Whether Shafer factors support the reliability of the tip | People | Hansen | Yes; Shafer factors satisfied |
| Whether the tip being nonanonymous affects reliability | People | Hansen | Yes; nonanonymous tip enhances reliability |
| Whether the trial court erred in treating the stop as unlawful and suppressing evidence | People | Hansen | No; stop valid; remand for DUI proceedings |
Key Cases Cited
- People v. Shafer, 372 Ill. App. 3d 1044 ( Illinois App. 2007) (four-factor test for reliability of tips; nonanonymous tips viable)
- People v. Ewing, 377 Ill. App. 3d 585 ( Illinois App. 2007) (nonanonymous tips with specifics may justify stop; contemporaneous observation)
- People v. Smulik, 2012 IL App (2d) 110110 ( Illinois App. 2d 2012) (distinguishes parked car scenario; corroboration not always needed)
- Devenpeck v. Alford, 543 U.S. 146 (U.S. 2004) (arresting officer’s state of mind irrelevant to probable cause)
- People v. Linley, 388 Ill. App. 3d 747 ( Illinois App. 2009) (emergency number reliability considerations)
- State v. Rutzinski, 2001 WI 22 ( Wisconsin Supreme Court 2001) (drunk/erratic driving reports considered high danger; swift action)
- In re Sousa, 855 A.2d 1284 ( New Hampshire 2004) (context for reliability of tip-based stops)
- Chamblin v. State, 994 So. 2d 1165 ( Florida Dist. Ct. App. 2008) (definition of donut driving guidance cited by Shafer lineage)