People v. Veal
2017 IL App (1st) 150500
| Ill. App. Ct. | 2017Background
- On December 5, 2013, Chicago officers stopped a Honda Civic after observing two rear-seat passengers, including Israel Veal, were not wearing seatbelts.
- Officer Kanski approached the vehicle, saw Veal make furtive movements toward his waist, and ordered occupants to raise their hands; Veal did not immediately comply.
- The driver was removed, patted down, handcuffed, and stood behind the vehicle; Kanski then ordered Veal out of the car.
- As Veal exited, Kanski observed a handgun on the seat where Veal had been sitting, secured the weapon, and arrested Veal.
- Veal moved to quash arrest and suppress the gun, arguing the traffic stop had ended when the driver was restrained and that ordering him out required separate Fourth Amendment justification.
- The trial court denied suppression; after a bench trial Veal was convicted (merged into armed habitual criminal) and sentenced to nine years; he appealed solely on the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the officer’s command for Veal to exit the car and the ensuing seizure/search occurred during an ongoing traffic stop or after the stop had ended | The People: the stop was ongoing; ordering passengers out during a lawful stop is routine and permissible | Veal: arrest/restraint of driver ended the stop, so ordering him out was a new encounter requiring independent justification | Court: stop remained ongoing; officer could lawfully order passenger out during the stop; suppression denied |
Key Cases Cited
- Pitman v. People, 211 Ill. 2d 502 (2004) (mixed standard of review for suppression—defer to trial court's factual findings, legal questions reviewed de novo)
- Jones v. People, 215 Ill. 2d 261 (2005) (traffic-stop searches analyzed under Terry principles)
- Mimms v. Pennsylvania, 434 U.S. 106 (1977) (officers may order driver out of vehicle during lawful stop for officer safety)
- Wilson v. Maryland, 519 U.S. 408 (1997) (police may order passengers out of vehicle during lawful stop)
- Arizona v. Johnson, 555 U.S. 323 (2009) (a traffic stop communicates to passengers they are not free to leave; stop continues until officers no longer need to control the scene)
- Brendlin v. California, 551 U.S. 249 (2007) (passengers are "seized" during a traffic stop)
- Sorenson v. People, 196 Ill. 2d 425 (2001) (Illinois law recognizing officer authority to order passengers out during a lawful stop)
- Cosby v. People, 231 Ill. 2d 262 (2008) (return of paperwork generally signals conclusion of a traffic stop)