IL: Officer’s interpretation of lane movement statute was unreasonable and stop suppressed

Defendant’s move within his lane was clearly not a violation of the lane change statute, so the stop based on that was not objectively reasonable. The product of the stop is suppressed. People v. Jackson, 2022 IL App (3d) 190621, 2022 Ill. App. LEXIS 50 (Feb. 1, 2022).

“The factors relied upon by our Supreme Court in Williamson, 2009-NMSC-039, ¶ 28, to support the adoption of a deferential standard of review for a magistrate’s decision to issue a search warrant do not apply to the probable cause determination at preliminary hearing. The less demanding standard of review in Williamson was adopted in recognition of the often pressing demand for a quick decision on a warrant request in the lower court and to effectuate this state’s strong preference in favor of the warrant process. Id. (noting that searches conducted pursuant to a search warrant are reviewed under a less demanding standard ‘because deference to the warrant process encourages police officers to procure a search warrant’).” State v. Benedict, 2022 N.M. App. LEXIS 6 (Jan. 31, 2022).*