IL: “Investigative alert” on passenger unreasonably extended mission of traffic stop as to him

When the car defendant was riding in was stopped for a red light violation, officers got the information from the passenger and ran it. They found an “investigative alert” on the passenger for a sex offender. Subsequent questioning led to admissions. He was tried and convicted of the sex offense. The court of appeals properly held that the inquiries of the passenger unreasonably extended the stop [and seems to blame the state for the “sparse” record]. People v. Bass, 2021 IL 125434, 2021 Ill. LEXIS 418 (Apr. 15, 2021):

[*P26] It is clear from this record that the mission of the stop was to resolve a red light violation. Completing the TSS card and LEADS check were related to that mission. Asking the driver and passengers out of the vehicle were permissible as de minimis safety precautions related to resolving that mission. Asking Bass for identification and obtaining his driver’s license were not inherently improper, but it is unclear from the record if those two actions, and the subsequent name checks of the passengers, were related to resolving the red light violation or were part of a detouring investigation, which prolonged the stop. The State has not met its burden in producing evidence sufficient to make a determination on this issue. We therefore conclude, as did the entirety of the appellate panel, that the stop was unreasonably extended and the motion to suppress should have been granted.

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