People v. Pulling
2015 IL App (3d) 140516
| Ill. App. Ct. | 2015Background
- Trooper stopped a 2013 Hyundai for speeding; driver (Macon) and front-seat passenger (Pulling) were occupants.
- Macon admitted his license was suspended; officer ran records and began preparing citations and additional paperwork.
- Inconsistent statements from Macon and Pulling (conflicting accounts about destination/relationship to deceased) prompted the trooper to pause citation work and investigate further.
- Trooper used the Internet to search for corroboration, then announced he would conduct a free-air canine sniff; Pulling exited the vehicle and appeared ill but declined medical aid.
- About 16 minutes into the stop, the trooper performed a 45-second free-air sniff; the canine alerted at the passenger door, a trunk search recovered suspected crack cocaine, and both occupants were arrested.
- Trial court initially denied suppression, then granted Pulling’s motion to suppress; State appealed and the appellate court affirmed suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was unreasonably prolonged by the officer’s conduct before the canine alert | Trooper did not unduly prolong the stop; total duration (~15 min) was reasonable and similar to time needed to prepare two citations | Officer interrupted citation preparation to conduct a dog sniff unrelated to traffic enforcement, which measurably extended the stop without independent reasonable suspicion | The stop was unlawfully prolonged: the dog sniff added time unrelated to the traffic stop and lacked independent reasonable suspicion, so suppression was required |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes permissible scope of brief investigative stops)
- Florida v. Royer, 460 U.S. 491 (1983) (detention must last no longer than necessary to effectuate purpose of the stop)
- Illinois v. Caballes, 543 U.S. 405 (2005) (traffic stop remains lawful only while unrelated inquiries do not measurably extend its duration)
- Rodriguez v. United States, 575 U.S. (2015) (2015) (officer may not extend completed traffic stop to conduct dog sniff absent independent reasonable suspicion)
- People v. Harris, 228 Ill. 2d 222 (2008) (standard of review for suppression rulings; deference to trial court factfindings)