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People v. Sloup9/2/2005
Defendant, John L. Sloup, was convicted of unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2002)). He appeals, arguing that the trial court erred in denying his motion to quash the arrest and suppress the drug paraphernalia seized from his vehicle after an early-morning traffic stop. We reverse.
FACTS
Officer Opelt of the Westmont police department was the only witness to testify at the hearing on the motion to quash the arrest and suppress the evidence. On direct examination by defense counsel, Officer Opelt testified that, while on patrol at 3 a.m. on September 28, 2003, he spotted a Buick driven by defendant traveling in the left eastbound lane of 63rd Street near Cass Avenue. Officer Opelt observed the Buick weave in its lane a couple of times. The car touched but did not cross the yellow line. Officer Opelt saw the Buick pull within five or six feet of the rear bumper of another car that was traveling slowly in the same lane. The Buick passed the car on the right but did not signal a lane change until its tires had touched the white lines that divided the left and right eastbound lanes.
Officer Opelt stopped the Buick and ran a check on the license plate but found nothing of note. Officer Opelt exited his car and approached the Buick. Defendant, who was the only occupant, lowered his window. Officer Opelt did not detect an odor of alcohol or cannabis or see anything in plain view that would indicate criminal activity. He asked defendant to produce his driver's license and proof of insurance, and defendant complied. Officer Opelt returned to his squad, where he ran a check on defendant's license, again finding nothing amiss. Officer Opelt returned to defendant's car but did not return defendant's license to him.
Officer Opelt testified that, because he believed that defendant was acting unusually nervous for a routine traffic stop, he inquired about defendant's destination. Defendant replied that he was heading to the Omega Restaurant in Downers Grove. Officer Opelt asked defendant what street he was on. Defendant replied that he was on 75th Street and also volunteered that he lived on 75th Street. Officer Opelt told defendant that he was in fact on 63rd Street, and then asked defendant why he was traveling on 63rd Street to the Omega Restaurant. Defendant replied that his route was the quickest. Officer Opelt testified that the route defendant was taking to the Omega Restaurant "made absolutely no sense." Because defendant was heading in a "roundabout" way toward his destination, was acting unusually nervous, and had committed the prior driving infractions, Officer Opelt suspected that defendant might have been "under the influence of something." However, Officer Opelt testified that during the conversation he "deemed it not necessary at that point to go ahead with the [field sobriety] tests." Officer Opelt conceded that, in his experience, nervousness is "not such a strong indicator" of intoxication.
Because Officer Opelt did not detect the odor of alcohol, he asked defendant whether he was under the influence of any "street drugs," and defendant replied in the negative. Defendant then volunteered that he had been recently released from drug rehabilitation for a heroin addiction and that he had remained clean since his release.
Officer Opelt suspected that defendant was under the influence of some substance but did not direct defendant to perform any field sobriety tests, because " f [defendant] was under the influence of drugs, [Officer Opelt] didn't feel his condition was enough to warrant an arrest for driving under the influence of a controlled substance." Defendant was not free to leave, but Off
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