{"id":2835,"date":"2009-04-04T16:51:20","date_gmt":"2009-01-05T08:18:43","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-01-05T08:18:43","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2835","title":{"rendered":"IL: Stickers and religious talismans not RS on totality"},"content":{"rendered":"

The stop of defendant’s tractor trailer was based on hunches. Even collectively, the information did not rise to reasonable suspicion. People v. Ruano<\/a>, 387 Ill. App. 3d 181, 900 N.E.2d 427, 326 Ill. Dec. 791 (2008):<\/p>\n

Here, the stop of defendant’s vehicle was based upon the status of its registration as well as other questionable factors related by Inspector Knaus. These additional factors included, inter alia, the truck’s state of origin, that it was owner-operated, that it was adorned with certain stickers, that it pulled a refrigerated trailer complete with a padlock and seal, and that the cab was decorated with religious artifacts and talismans. According to the State, all of these factors observed by the officers, taken in combination, were sufficient to warrant an investigatory stop of defendant’s truck. The defense counters that each of the factors articulated by the officers were subject to an innocent explanation.<\/p>\n

In our view, the aggregate weight of these factors did not give rise to a reasonable suspicion, let alone probable cause. Beverly, 364 Ill. App. 3d at 368, 845 N.E.2d at 969. It is clear from the record that the trial court, while far from ignoring these factors, relied more heavily on the issue of the registration. Furthermore, we agree with defendant and the trial court that many of the factors cited as supporting a reasonable suspicion were subject to innocent explanations and even when considered together did not support a reasonable suspicion. Having reviewed the record and the trial court’s findings regarding the factors, other than the registration issue, we find they were not manifestly erroneous. Luedemann, 222 Ill. 2d at 542, 857 N.E.2d at 195.<\/p><\/blockquote>\n

Defendant was driving a moped across the center line and not wearing safety goggles as a minor, and that was sufficient reasonable suspicion for the stop. State v. Washington<\/a>, 898 N.E.2d 1200 (Ind. 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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