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IL: Car stopped at night on shoulder of road for ten minutes was subject to a community caretaking stop

By John Wesley Hall, Jr.

A car was stopped at night on the shoulder of the road along the Mississippi River. It had been there for about ten minutes when the officer stopped to inquire. The driver rolled down the window and said he was waiting for a friend. Even assuming that the use of lights made this a seizure, it was reasonable under the community caretaking doctrine to see if any aid was required. The driver was found under the influence. People v. McDonough, 2010 Ill. LEXIS 1557 (November 18, 2010), revg395 Ill. App. 3d 194, 917 N.E.2d 590, 334 Ill. Dec. 764: Second, Brunnworth’s assumed seizure of defendant was reasonable because it was undertaken to protect public safety. Based on the objective and specific facts of record, it was reasonable for Brunnworth to approach defendant’s vehicle to offer any aid required under the circumstances...continue to full post

Full post as published by Fourth Amendment on November 21, 2010 (boomark / email).