{"id":4913,"date":"2011-03-31T23:40:54","date_gmt":"2010-11-21T08:42:58","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-11-21T08:42:58","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4913","title":{"rendered":"IL: Car stopped at night on shoulder of road for ten minutes was subject to a community caretaking stop"},"content":{"rendered":"

A car was stopped at night on the shoulder of the road along the Mississippi River. It had been there for about ten minutes when the officer stopped to inquire. The driver rolled down the window and said he was waiting for a friend. Even assuming that the use of lights made this a seizure, it was reasonable under the community caretaking doctrine to see if any aid was required. The driver was found under the influence. People v. McDonough<\/a>, 239 Ill. 2d 260, 940 N.E.2d 1100 (2010), rev’g 395 Ill. App. 3d 194, 917 N.E.2d 590, 334 Ill. Dec. 764:<\/p>\n

Second, Brunnworth\u2019s assumed seizure of defendant was reasonable because it was undertaken to protect public safety. Based on the objective and specific facts of record, it was reasonable for Brunnworth to approach defendant\u2019s vehicle to offer any aid required under the circumstances. The public has a substantial interest in ensuring that police offer assistance to motorists who may be stranded on the side of a highway, especially after dark and in areas where assistance may not be close at hand.<\/p><\/blockquote>\n

Two guys that were likely faking raking the yard of a drug house that rode in another vehicle in tandem with a probable drug delivery were subject to arrest on probable cause. \u201c[T]he existence of possible innocent explanations for the individual circumstances or even for the totality of the circumstances does not necessarily negate probable cause.\u201d People v. Rodriguez-Chavez<\/a>, 405 Ill. App. 3d 872, 938 N.E.2d 623, 345 Ill. Dec. 184 (2010).*<\/p>\n

Defendant was stopped for a window tint violation, and he promptly consented to the search of his car. The stop was not prolonged by the question considering that the officer was handing back the paperwork as he asked the question. United States v. Stokes, 2010 U.S. Dist. LEXIS 122501 (M.D. Fla. October 27, 2010) [Note: The court does not inquire whether the defendant would feel free to leave.]<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4913","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4913","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4913"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4913\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4913"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4913"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4913"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}