2024 IL App (2d) 230343
Ill. App. Ct.2024Background
- Michael A. Pellegrino was arrested for DUI after Officer Wortman responded to a report about his vehicle swerving and having possibly hit a deer.
- Upon arrival, Wortman observed Pellegrino in the driver’s seat, noticed glassy eyes, slurred speech, and the odor of alcohol.
- Wortman took Pellegrino’s keys during the encounter, and he was subsequently arrested after field sobriety observations.
- Pellegrino filed motions to quash his arrest and suppress evidence, arguing the seizure of his keys was an arrest lacking probable cause.
- The trial court granted Pellegrino’s motions, finding the key seizure was an arrest unsupported by probable cause, and suppressed evidence obtained as a result.
- The State appealed, asserting the seizure was a permissive investigatory (Terry) stop, not an arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was taking Pellegrino’s keys an arrest or Terry stop? | Terry stop; only needed reasonable suspicion | Arrest; required probable cause | Seizure was a Terry stop, not an arrest |
| Was there reasonable suspicion to justify the seizure? | Sufficient suspicion based on officer observations | No credible basis for reasonable suspicion | Remanded for factual findings on reasonable suspicion |
| Did officer safety justify seizure of the keys? | Seizure minimally intrusive, for safety | Safety did not justify the key seizure | Safety alone not determinative; factual findings required |
| Should the suppression order be upheld? | No, trial court applied wrong standard | Yes, seizure was improper under 4th Amendment | Suppression order vacated; remanded for further findings |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishes standard for Terry stops, requiring only reasonable suspicion for brief investigatory detentions)
- Florida v. Bostick, 501 U.S. 429 (U.S. 1991) (distinguishes between consensual encounters, Terry stops, and arrests for Fourth Amendment analysis)
- People v. Bailey, 2019 IL App (3d) 180396 (Ill. App. Ct. 2019) (discusses when a seizure becomes an arrest requiring probable cause)
- People v. Walters, 256 Ill. App. 3d 231 (Ill. App. Ct. 1994) (sets out factors distinguishing an arrest from a Terry stop)
- People v. Carlson, 307 Ill. App. 3d 77 (Ill. App. Ct. 1999) (finding reasonable suspicion for DUI investigation based on odor of alcohol and observed behavior)