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People v. Laake5/4/2004
te a police officer's arrival with roadside assistance, not a detention. But Laake's flat tire was on the front passenger side of his vehicle, and thus a reasonable person could rightly wonder if the approaching officer even knew about it. Additionally, the record is devoid of any facts that would have signaled the flat tire to Chastain (e.g., hazard lights, or the motorist out on the roadside changing the tire). Furthermore, the record shows that Chastain's flashing emergency lights were particularly directed at, and visible to, Laake. Under these circumstances, we conclude that a reasonable person in Laake's position would have felt compelled to stay put for Chastain's inquiries.
This conclusion, however, does not end our analysis. Although Laake was technically detained, the detention did not violate the fourth amendment unless it was unreasonable. U.S. Const., amend. IV; c.f. **773 ***207 People v. Smith, 346 Ill.App.3d 146, 281 Ill.Dec. 453, 803 N.E.2d 1074 (2004) (finding an emergency exception to the requirement that a seizure be supported by either probable cause to arrest or a reasonable suspicion of criminal activity). Chastain testified that his purpose in stopping behind the Saturn was to check on the welfare of its driver. We see nothing wrong with this purpose. Police officers routinely provide roadside assistance in addition to conducting criminal investigation. Such assistance is designed to ensure public safety, and we do not believe that any concomitant technical detention is unreasonable.
Laake doubts the genuineness of Chastain's asserted purpose, arguing that Chastain really stopped behind him to conduct an investigation. The trial judge considered this argument and ultimately found that Chastain's purpose was to check on Laake's welfare. Having reviewed the record, we cannot say that an opposite conclusion is clearly apparent.
*351 CONCLUSION
For the foregoing reasons, the judgment of the Rock Island County circuit court is affirmed.
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