DUI Lawyers Directory. Search for a dui lawyer near you. Operating a vehicle while drinking could cause judicial actions.
 Zip Code Search for DUI Lawyers
Defending Alleged Drunk Driving Criminal Acts Read about successful dui defense cases from member dui lawyers Read about successful dui defense cases from member dui lawyers Membership at DUI Defenders Discuss issues related to dui/dwi/owi Contact Us about a DUI Lawyer
facebook.com/MyDUI

  to fill out a simple form to connect to DUI Lawyers in your area.

Village of Mundelein v. Minx

9/7/2004

866, 528 N.E.2d 411. Here, as in Gross, the caller simply reported that defendant was "driving recklessly," without indicating what observations led him to this conclusion, e.g., whether defendant was speeding, running red lights, weaving between lanes, etc. This information did not provide the specificity necessary to justify an investigatory stop. See Dugan, 206 Ill.App.3d at 555-56, 151 Ill.Dec. 474, 564 N.E.2d 929 (anonymous informant's complaint, that driver was intoxicated, did not justify investigatory stop because caller did not mention specific facts that led to his conclusion and officer did not observe any behavior that corroborated claim). After considering the totality of the circumstances in this case, we conclude that, although the citizen-informant had an **972 ***328 indicia of reliability, because of the lack of detail provided, Officer Perdue lacked reasonable suspicion at the time he instituted the investigatory stop. While the motorist-informant here had a greater degree of reliability than the completely anonymous informant in Gross, the additional reliability did not adequately compensate for either the lack of detail in his complaint or the absence of a police officer's observation of corroborating behavior. As stated in Ertl, 292 Ill.App.3d at 875, 226 Ill.Dec. 955, 686 N.E.2d 738, "the forcible stop of a citizen cannot be legitimized by the simple expedient of one officer passing on a telephone informant's tip lacking the requisite degree of reliability, quality, factual sufficiency, and corroboration." Such is the case here, as the totality of information was simply insufficient to give Officer Perdue reasonable suspicion that defendant was guilty of a crime. Based on our conclusion that Officer Perdue was not justified in conducting an investigatory stop, we affirm the order rescinding the summary suspension. We dismiss the Village's appeal of the order of *223 the circuit court of Lake County quashing defendant's arrest and suppressing the resulting evidence. Affirmed in part and dismissed in part.

Page 1 2 3 4 5 

Illinois DUI Attorneys    DUI Lawyers


  to fill out a simple form to connect to DUI Lawyers in your area.

DUI Driving Defined Highway Defined
Under Influence Defined DUI/3 Strikes DUI & Manslaughter
DUI & Murder DUI Punishment Sobriety Checkpoints
DMV's Role in DUI Revocation vs. Suspension Field Sobriety Testing
Speed Measurement Prior DUI Convictions Drawing Blood & Consent
Refusal to Test DUI Lawyers Testimonials by Member DUI Lawyers
DUI Articles Ignition Interlock Implied Consent
Summary DUI License Suspension In-home Arrest Vehicle Defined
FDP  |   RSS Feeds  |  Articles  |  Jobs  |  Leads  |  Partner Websites  |  Draeger FAQ
SiteMap | DUI Blog | DUI Lawyers | DUI Attorneys | Trading Partners | Member Agreement | Terms of Service
Attorneys Click Here | DUI Case Laws | FAQ | DUI Forum | Directory of DUI Attorneys | Success Stories  | Press Releases
Copyright © 2004. “DUI Defenders”. All rights reserved.