2012 IL App (2d) 110110
Ill. App. Ct.2012Background
- Smulik was arrested for DUI following a stop at a gas station after police activated emergency lights behind his parked vehicle.
- The stop was based on an anonymous tip relayed via a dispatcher that Smulik had been drinking at Redstone and was potentially drunk while driving.
- Johnson, the responding officer, located a silver Jeep at the gas station, observed Smulik with bloodshot eyes and detected an odor of alcohol.
- Smulik testified he had been drinking earlier that evening, but his vehicle was stationary when the stop occurred.
- The circuit court granted Smulik’s motion to quash arrest and suppress the evidence; the State appealed, arguing the stop was supported by reasonable suspicion.
- The appellate court applied de novo review to the stop and ultimately affirmed the circuit court’s ruling, holding the anonymous tip lacked sufficient corroboration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion based on an anonymous tip | State contends dispatcher tip plus observations corroborated—reasonable suspicion existed. | Smulik argues anonymous tip lacked corroboration and reliability so no reasonable suspicion. | Stop not supported; suppression affirmed |
| Whether the seizure occurred when Johnson activated emergency lights behind Smulik’s vehicle | State maintains seizure occurred with the stop based on dispatch and corroborating details. | Smulik contends there was no corroboration or urgency justifying the seizure. | Seizure without sufficient corroboration; suppression upheld |
Key Cases Cited
- People v. Linley, 388 Ill.App.3d 747 (2009) (informant tips require totality of the circumstances and corroboration)
- Florida v. J.L., 529 U.S. 266 (2000) (anonymous tip lacking predictive information cannot justify stop)
- Alabama v. White, 496 U.S. 325 (1990) (corroboration of significant aspects lends reliability to anonymous tip)
- State v. Rutzinski, 241 Wis. 2d 729 (2001) (emphasizes urgency of intoxicated-driver tips but not applicable if vehicle is parked)
- People v. Shafer, 372 Ill.App.3d 1044 (2007) (courts have differed on relaxing corroboration for drunk-driver tips)
- City of Highland Park v. Lee, 291 Ill.App.3d 48 (1997) (emergency lights behind a vehicle can affect the perception of being free to leave)
- Village of Mundelein v. Minx, 352 Ill.App.3d 216 (2004) (emergency lights behind a parked vehicle constitutes a seizure)
- People v. Luedemann, 222 Ill.2d 530 (2006) (considers Terry stops based on information from others and corroboration)
- State v. White, 46 F.3d 2d 1232 (1990) (illustrates reliability considerations for anonymous tips (note: proximate to J.L. discussion))