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IL: Traffic stops, even with PC, are governed by Terry

By John Wesley Hall, Jr.

A traffic stop, even with PC to believe that a traffic offense occurred, is governed by Terry. People v. Cosby, 2008 Ill. LEXIS 890 (September 18, 2008): Nonetheless, this court and many other courts have analyzed traffic stops under Terry principles, regardless of whether the initial stop was supported by probable cause or reasonable suspicion. See, e.g., People v. Gonzalez, 204 Ill. 2d 220, 789 N.E.2d 260, 273 Ill. Dec. 360 (2003) (and cases cited therein); People v. Bunch, 207 Ill. 2d 7, 796 N.E.2d 1024, 277 Ill. Dec. 658 (2003). In Gonzalez, this court applied Terry principles to a traffic stop during which a police officer requested identification from the defendant, who was a passenger in the stopped vehicle. Citing Berkemer, we noted that, because the usual traffic stop is more analogous to a Terry investigative stop than to a formal arrest, a fourth amendment challenge to the reasonableness of a traffic stop is analyzed under Terry principles...continue to full post

Full post as published by Fourth Amendment on September 23, 2008 (boomark / email).