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IL: Stop based on air freshener on mirror shown to be mistake of law

By John Wesley Hall, Jr.

Stop was based on an air freshener hanging from the supposedly obstructing driver's view. The air freshener was smaller than the officer testified, and there was no testimony that it actually obstructed the driver's view. Therefore, the stop was based on a mistake of law, and the motion to suppress was properly granted. People v. Mott, 2009 Ill. App. LEXIS 224 (April 20, 2009).* Claimant's claim he was detained and did not consent in an airport is rejected. "Further, the facts of this case are markedly different from those presented in Stephens, where the bus passengers had few options to end the encounter with the officers. Particularly, McVey's argument that leaving the airport and abandoning his checked-baggage was his only option to terminate the encounter with the Agents ignores the possibility that he could have withheld consent to speak with the officers, moved to another location outside, or returned inside to the baggage carousels...continue to full post

Full post as published by Fourth Amendment on May 01, 2009 (boomark / email).