People v. Williams
2017 IL App (3d) 150879
| Ill. App. Ct. | 2017Background
- At ~3:00 a.m., an off-duty Palos Hills police officer (in uniform, unmarked car with radar and lights) observed Thomas Williams driving toward him in Lockport (outside officer's jurisdiction), visually judged him to be speeding, and then checked a dash-mounted radar which read 60 mph in a 25-mph zone.
- As the vehicles passed, Williams allegedly veered into the oncoming lane; the off-duty officer swerved to avoid a collision, called 911, followed Williams, and reported Williams’ location to dispatch.
- Williams parked in a driveway and exited; the off-duty officer approached, identified himself, asked questions (including about drinking), and told Williams to wait for the on-duty Lockport officer.
- An on-duty Lockport officer arrived ~10 minutes later, interviewed both men, conducted field sobriety tests, and arrested Williams for DUI and speeding (but did not cite improper lane usage).
- Williams moved to quash the DUI arrest, arguing the off-duty Palos Hills officer’s citizen’s arrest was invalid because the officer used a radar (a power of office) outside his jurisdiction to develop probable cause; the trial court granted the motion and suppressed evidence.
- The State appealed, arguing the off-duty officer validly made a citizen’s arrest for improper lane usage and erratic driving before Lockport took over; the appellate court reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an off-duty officer acting outside jurisdiction may effect a citizen’s arrest after using a radar outside jurisdiction | Off-duty officer lawfully effectuated a citizen’s arrest for improper lane usage and erratic driving; his observations supported arrest despite prior radar use | Arrest invalid because officer relied on radar (a power of office unavailable to private citizens) to develop grounds before witnessing lane violation | Use of radar outside jurisdiction does not automatically taint later probable cause based on distinct observations; arrest upheld and case remanded |
Key Cases Cited
- People v. McDonough, 239 Ill. 2d 260 (explains standard of review for suppression rulings)
- People v. Lahr, 147 Ill. 2d 379 (officer outside jurisdiction generally cannot arrest unless in fresh pursuit; citizen’s arrest statutory framework)
- People v. Kleutgen, 359 Ill. App. 3d 275 (improper lane usage qualifies as an offense permitting a citizen’s arrest)
- People v. Goestenkors, 278 Ill. App. 3d 144 (on-duty officer need not charge all minor violations observed by another officer when a more serious offense is identified)
- People v. Gutt, 267 Ill. App. 3d 95 (off-duty officer’s prior use of radar did not invalidate subsequent extraterritorial arrest based on other observed violations)