People v. Williams
74 N.E.3d 58
| Ill. App. Ct. | 2017Background
- Off-duty Palos Hills officer (in full uniform, unmarked car with radar and lights) observed Williams driving southbound in Lockport (outside officer's jurisdiction) in early morning hours; officer testified he visually saw excessive speed and then recorded 60 mph on his radar in a 25 mph zone.
- After the two cars passed, Williams allegedly veered into the oncoming lane; the off-duty officer called 911, followed Williams, and watched him park in a driveway; Williams exited his car and was approached on foot.
- The off-duty officer (acting as a private citizen outside his jurisdiction) told Williams not to leave and waited with him until an on-duty Lockport officer arrived ~10 minutes later; the off-duty officer did not perform field sobriety tests.
- The Lockport officer conducted independent sobriety tests, arrested Williams for DUI and speeding, and prepared a report describing erratic driving and lane usage; Lockport did not issue a citation for improper lane usage.
- Williams moved to quash his DUI arrest, arguing the initial stop/arrest was invalid because the off-duty officer relied on radar (a power of office unavailable to private citizens) to create probable cause for a citizen's arrest outside his jurisdiction.
- Trial court credited that the off-duty officer first used the radar and granted the motion to quash and suppress; the State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an off-duty officer may effect a citizen's arrest outside his jurisdiction when he used a radar gun before personally observing other traffic violations | Off-duty officer's citizen arrest was valid because he later personally observed improper lane usage and erratic driving, which provided independent grounds for arrest | Arrest invalid because officer first used radar (a power of office unavailable to private citizens) outside his jurisdiction, tainting the citizen's arrest | Reversed: court held that prior use of radar does not necessarily taint subsequently developed probable cause based on later personal observations of unrelated traffic violations |
Key Cases Cited
- McDonough v. People, 239 Ill. 2d 260 (review standard for suppression rulings)
- Lahr v. People, 147 Ill. 2d 379 (officer outside jurisdiction limited to citizen-arrest powers)
- Kleutgen v. People, 359 Ill. App. 3d 275 (improper lane usage qualifies as an offense for citizen arrest under section 107-3)
- Goestenkors v. People, 278 Ill. App. 3d 144 (on-scene officer not required to charge every minor violation observed by another officer)
- Gutt v. People, 267 Ill. App. 3d 95 (extraterritorial arrest upheld where off-duty officer used radar then later observed an independent traffic violation)