Defendant was a passenger in a car that was stopped, and the officer did a background check on the passenger, and that impermissibly extended the stop. People v. Andrews, 2007 Ill. App. LEXIS 381 (3d Dist. April 19, 2007):<\/p>\n
In this case, no issue exists concerning the lawfulness of the initial stop. Rather, this appeal concerns the lawfulness of the officer’s conduct following the initial stop. Officer York’s initial questioning of the driver and request for identification was justified. Those queries were reasonably related to the initial purpose of the encounter; the investigation of a traffic violation. However, the background check of defendant was not related to the initial justification for the stop. Defendant was simply a passenger in the truck and was not implicated in the traffic violation. Further, the background check was not supported by any reasonable, articulable suspicion that defendant had committed or was about to commit a crime. Officer York neither saw nor suspected that defendant had committed any wrongdoing.<\/p>\n
In the absence of a reasonable articulable suspicion, we must consider whether the check impermissibly prolonged the detention or changed the fundamental nature of the stop. The record does not resolve clearly how long the background check prolonged the detention. York testified that he returned to the squad car and ran a background check on both defendant and his son at the same time. York did not testify that the check performed on defendant was completed before the check on the driver. The background check on defendant could well have lengthened the duration of the detention if the officer had to wait for the results of the check.<\/p>\n
Regardless of the duration of any extended detention, however, the background check was impermissible because it changed the fundamental nature of the traffic stop. The check converted the stop from a routine traffic stop into an inquiry into defendant’s past misconduct. People v. Miles,<\/em> 343 Ill. App. 3d 1026 (2003) (officers impermissibly prolonged stop and increased confrontational nature because questions asked of passenger were not related to purpose of the stop). People v. Jones,<\/em> 346 Ill. App. 3d 1101 (2004).<\/p><\/blockquote>\n
Plaintiff sued under \u00a7 1983 over getting a traffic ticket when plaintiff pulled in behind the officer who had pulled over the person he was following. The officer could go back to talk to the plaintiff and that was a reasonable investigative detention, for officer safety if nothing else. Idahosa v. Creve Coeur Police Dep’t, 2007 U.S. Dist. LEXIS 29284 (C.D. Ill. April 20, 2007).*<\/p>\n
Probable cause to search a vehicle on the highway continues to a search that occurs instead at the stationhouse. United States v. Stelmach, 2007 U.S. Dist. LEXIS 29255 (D. Mass. April 20, 2007).*<\/p>\n
Warrant was likely overbroad under state caselaw because it generically described illegal drugs as the thing to be seized, but the affidavit referred to crack cocaine and that was all that was seized, so the court declined to suppress. State v. Armstead, 2007 Ohio 1898, 2007 Ohio App. LEXIS 1751 (9th Dist. April 23, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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