Illinois Traffic Law - Valid Traffic Stop

November 23, 2008 on 6:16 am | In mybachcars.com |
Illinois Traffic Law - Valid Traffic Stop
  • Apparently, in illinois, if a cop pulls you over and you are there for more than 20 minutes, and you do not leave in hand cuffs, it is an invalid traffic stop. (I.E. A speeding ticket issued then would not hold up in court). Where is this this stated in Illinois law?


  • By leave in handcuffs, I mean, if you are not arrested.


  • Hi there Please make note of the following disclaimer: - :Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Now having covered that aspect of things, there seems top be a some fluidity in Illinois law about the duration of traffic stops. (often covered by Terry stop law)) According to the website quoted in the next paragraph below - "The standard for determining the reasonableness of a Terry investigatory stop has been codified in our Code of Criminal Procedure of 1963 (725 ILCS 5/107-14 (West 1998)). Thomas, 198 Ill. 2d at 109, Brownlee, 186 Ill. 2d at 518. The same standard is applied in determining the propriety of an investigatory stop under article I, section 6, of the 1970 Illinois Constitution (Ill. Const. 1970, art. I, 6). Thomas, 198 Ill. 2d at 109, citing People v. Tisler, 103 Ill. 2d 226, 241-45 (1984) (the protection against unreasonable searches and seizures under the Illinois Constitution is measured by the same standards as are used in defining the protections contained in the fourth amendment to the United States Constitution)." "Thus, current fourth amendment jurisprudence in Illinois is that the fourth amendment is not violated if the police conduct a full custodial arrest of a defendant for a minor traffic offense punishable only by a fine, but the fourth amendment is violated if the police take 15 minutes to write the traffic ticket. Unfortunately, the majority opinion leaves the police with no other choice but to conduct full custodial arrests of people for minor traffic violations if it appears that it will take 15 minutes to process the traffic stop. Since 15 minutes is now presumptively unreasonable if the police cannot explain why the stop took 15 minutes, a police officer who hears the majority's fourth amendment timer ticking will have to take the person into custody if he wants to avoid having the seizure declared unlawful. Therefore, not only is the new 15-minute per se rule of dubious legality in light of Sharpe, it will create more problems than it will solve...The majority essentially draws a constitutional line in the sand at 15 minutes. If the traffic stop takes 15 minutes or more, the detention is illegal unless the State can justify the length of the detention. Interestingly, in one of the cases relied upon by the majority, United States v. Sharpe, 470 U.S. 675, 84 L. Ed. 2d 605, 105 S. Ct. 1568 (1985), the United States Supreme Court refused to set the limit of a permissible traffic stop at 20 minutes:" - quote from Docket No. 90759-Agenda 5-January 2002 - Justice Thomas Dissenting - While the name of the party involved is part of the Case name and easily found, I am avoiding using it here for Privacy reasons. http://www.state.il.us/court/Opinions/SupremeCourt/2002/December/Opinions/Html/90759.htm However things are not always simple. You mention taking a person away in handcuffs, that is, a formal arrest. Such procedure is not always necessary to define "arrest." If the officer simply tells you you cannot leave, that may very well be construed as "arrest." This from the Expertlaw Website - "Reality is a bit more complicated. An arrest occurs when a person no longer reasonably expects that he is free to leave. A "Terry Stop" is not an arrest, even though the person can't leave during the investigatory questioning, as the detention is of short duration and is limited in its scope. (A "Terry Stop" may involve little more than a short series of questions, such as, "What is your name? Where do you live? Why are you here?") However, if a person is not allowed to leave the scene for an extended period of time, the person may be considered to be "under arrest," even though those words are never used. If a person is handcuffed, is locked in the back of a police car, or is [otherwise restrained] from leaving, the person will ordinarily be considered to be "under arrest." - quote from expertlaw.com - brackets around "otherwise restrained" mine. - http://www.expertlaw.com/library/pubarticles/Criminal/Stops.html If you have further interest in the "United States v. Sharpe" case 470 U.S. 675, 685, 84 L. Ed. 2d 605, 615, 105 S. Ct. 1568, 1575 (1985) - you will find the decision and arguments here. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=volpage&court=us&vol=470&page=687 - From Findlaw.com Search Google Terms - terry stops, traffic stop law, Illinois traffic stop law If I may clarify anything, please ask. Cheers digsalot


  • This is very helpful, however, i have somewhat of a followup question. However, if a cop pulled me over for speeding, and if the stop was invalid due to the time limitation, would the officer be able to write me a ticket for the speeding?


  • Your clarification request is quite interesting and I can only answer it according to the exact wording you use. "...if a cop pulled me over for speeding, and if the stop was invalid due to the time limitation, would the officer be able to write me a ticket for the speeding?" The stop may be invalid because of the time limit. However, the question asks if the officer would "be able to write a ticket." Of course he/she would be 'able' to write a ticket. Whether or not it held up would depend on the arguments and evidence presented by you and your lawyer. Even with the presumed time limit established by a particular court case, we need to remember the following: "Therefore, not only is the new 15-minute per se rule of dubious legality in light of Sharpe, it will create more problems than it will solve..." The words "dubius legality" mean that much may still have to be decided on a case by case basis. So once again, yes, the officer will be "able" to write you a ticket and take his/her own chance in the courts just as you will take your own chance in the courts if you decide follow up and challenge it. Digs


  • Thank you for the kind words and the extra. We look forward to being of service again if you need us. Digs