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People v. Sloup9/2/2005
combined with defendant's admission to having been in drug treatment recently, supported a reasonable suspicion that defendant was under the influence of drugs, even in the absence of the more commonly observed physical indicia of alcohol influence such as bloodshot and glassy eyes or lack of balance. That being so, Officer Opelt was justified in inquiring whether he could search the car, because, as I explained above, it was reasonable to suspect that defendant might have in his possession the same contraband that might have intoxicated him. The majority's analysis of the relevant case law is also unconvincing. Contrary to the majority's claim, the present case is nothing like Hall, where the officer asked to search the defendant's car without having any indication that the defendant was guilty of anything other than the equipment violation for which the officer pulled him over. Here, by contrast, there were various signs that defendant was under the influence of drugs. The majority also fails to identify any material difference between this case and Moore. I disagree with the majority's conclusion that defendant's weaving within his lane and following another car too closely are "much weaker" indicators of driving under the influence than the erratic driving in Moore, which consisted of driving down the wrong side of the road at a high rate of speed. Slip op. at 8. Defendant's driving was at least as telling of impairment as the Moore defendant's driving, if not more so. Weaving within one's lane is such a common and probative indicator of driving under the influence that this district has formulated the following general rule: "Weaving, even within defendant's own lane, may provide reasonable grounds for a Terry stop where the officer believes defendant may be under the influence of drugs or alcohol." People v. Rosemeier, 259 Ill. App. 3d 695, 697 (1994). I recognize that, unlike here, the officer in Moore observed furtive movements within the car. However, although the court in Moore considered the totality of the circumstances in judging the officer's questioning and request to search the car, it seems the court would have found the officer's action justified even if there was reason to suspect only that the defendant (the driver of the car) was under the influence: "Given these circumstances, it was reasonable for Officer Owens to suspect that the defendant may have been under the influence of a controlled substance and/or alcohol, or that other criminal activity may have been in progress. * Consequently, we believe the scope of the stop was related to the circumstances that justified the interference in the first place." (Emphasis added.) Moore, 341 Ill. App. 3d at 810. Moreover, there was a fact present here that was absent in Moore: defendant's admission that he had been in drug rehabilitation recently.
For the foregoing reasons, I respectfully dissent from the majority's holding that Officer Opelt exceeded the scope of the Terry stop.
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