2016 IL App (3d) 130683
Ill. App. Ct.2016Background
- On Aug. 28, 2011, Deputy Pilat responded to a live complaint that someone was trespassing and running raccoon dogs on property owned by O’Hern.
- O’Hern drove Pilat to the area; while near the hunting cabin they passed one pickup with a dog box containing animals.
- Pilat turned around, ran the truck’s plate, flashed a light at the driver, and the driver (Brandon Little) stopped and exited the vehicle.
- Pilat told Little about the trespass complaint, asked for his license; Little said he had no license and believed it was revoked.
- Pilat arrested Little for driving while license suspended/revoked (DWLS). Little moved to quash arrest and suppress; the trial court denied the motion, and Little was later convicted after a stipulated bench trial.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Little) | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion to stop vehicle for possible criminal trespass | Live, recent trespass complaint + only vehicle in area + dog box with dogs created reasonable suspicion | No reasonable suspicion: no eyewitness to trespass, >30 minutes elapsed, vehicle not at alleged trespass location, and no evidence of notice required for trespass | Court held stop was supported by reasonable suspicion and denied suppression |
Key Cases Cited
- Ornelas v. United States, 517 U.S. 690 (1996) (review of suppression rulings uses deferential fact review and de novo legal review)
- Terry v. Ohio, 392 U.S. 1 (1968) (police may make brief investigatory stops on reasonable suspicion)
- People v. Close, 238 Ill. 2d 497 (1999) (Terry principles apply to brief traffic stops; officer need not rule out innocent conduct)