2015 IL App (2d) 150341
Ill. App. Ct.2016Background
- On Sept. 12, 2014, Brittany Maberry was driving on Annie Glidden Road approaching her turn onto Twombly Road when an officer (Buckle) activated lights and she pulled over.
- Maberry testified she followed a slower car for about a football field, about one car length behind, then accelerated to the speed limit after the lead car moved over.
- Officer Buckle testified he was driving 30–35 mph and observed Maberry following his squad car about five to six feet (one car length), which he found alarmingly close; no other violations were observed.
- Maberry moved to suppress evidence, arguing the stop lacked reasonable grounds because following one car length at that speed was not per se unreasonable.
- The trial court credited Maberry and granted suppression, reasoning that following one car length under those conditions was reasonable and there were no other indicia of unsafe driving.
- The State appealed; the appellate court reversed, holding the officer had reasonable suspicion to stop for a violation of the “following too closely” statute (625 ILCS 5/11-710(a)).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by reasonable suspicion that Maberry was "following too closely" under 625 ILCS 5/11-710(a) | Officer's observation of Maberry following his squad car one car length for ~a football field at 30–35 mph gave reasonable suspicion she could not stop safely | One car length at that speed was reasonable and prudent under the circumstances; no other driving misconduct was shown | Reversed suppression: objective observation of one-car-length following provided reasonable suspicion to stop |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (stops based on reasonable, articulable suspicion reviewed under Terry principles)
- People v. Luedemann, 222 Ill. 2d 530 (2006) (standard of review for suppression: factual findings for clear error; legal questions de novo)
- People v. Close, 238 Ill. 2d 497 (2010) (discussing investigatory stops and reasonable suspicion)
- Burgdorff v. International Business Machines, 35 Ill. App. 3d 192 (1975) (drivers must maintain interval sufficient to stop safely)