People v. Lee
50 N.E.3d 37
Ill. App. Ct.2016Background
- Defendant was charged with DUI (11-501(a)(2)) and petitioned to rescind his statutory summary suspension.
- Officer Kmieciak, outside South Elgin, used radar to monitor traffic in South Elgin around 10:17 p.m.
- Defendant’s vehicle was speeding in South Elgin (63 mph in 45 mph zone) as radar tracked it near Burr Road.
- Defendant’s vehicle turned onto Burr Road and was stopped on Burr Road in Kane County’s jurisdiction.
- Trial court granted the State’s motion for directed finding, citing a case with an arrest within the officer’s jurisdiction; defendant appealed
- Appellate court treated the arrest as extraterritorial but ultimately held the arrest valid under 725 ILCS 5/107-5(c) based on radar monitoring within South Elgin, citing Elliott; concluded manifest-weight error did not overturn the legal result
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the extraterritorial arrest was valid under 107-5(c) | Lee argued the arrest occurred outside Kmieciak's jurisdiction and thus was invalid | Kmieciak had probable cause to arrest for speeding within South Elgin; radar monitoring outside jurisdiction does not invalidate the arrest | Extraterritorial arrest valid under 107-5(c) |
Key Cases Cited
- People v. O’Connor, 167 Ill. App. 3d 42 (Ill. App. 1988) (radar use outside jurisdiction permissible when road under surveillance is within jurisdiction)
- People v. Elliott, 337 Ill. App. 3d 275 (Ill. App. 2003) (radar monitoring within municipality supports extraterritorial stop)
- People v. Mendoza, 364 Ill. App. 3d 564 (Ill. App. 2006) (material factual mistake may be overcome if record supports legal conclusion; affirm if any basis supports relief)
- People v. Lahr, 147 Ill. 2d 379 (Ill. 1992) (radar generally limited to police authority; extraterritorial use scrutinized)
- People v. Kirvelaitis, 315 Ill. App. 3d 667 (Ill. App. 2000) (radar monitoring outside village not controlling here)
- People v. Kleutgen, 359 Ill. App. 3d 275 (Ill. App. 2005) (speeds outside officer’s jurisdiction discussed; projection via radar considered)