Summary
The Illinois Supreme Court affirmed the appellate court’s reversal of an order suppressing evidence in a felony driving-while-license-revoked prosecution. The court held that an officer may conduct a Terry stop when the officer reasonably suspects that the driver’s license is revoked, even without a specific suspicion that the driver is violating the terms of a restricted driving permit. The court concluded that the restricted-driving-permit exception is not an element of the offense and overruled People v. Johnson.
Topics
Practice areas
Questions Presented
- Whether the appellate court improperly considered the statutory construction of section 6-303 of the Illinois Vehicle Code sua sponte.
- Whether an officer must have reasonable, articulable suspicion that a driver is violating the terms of a restricted driving permit before stopping a vehicle when the officer reasonably suspects that the driver's license is revoked.
- Whether the officer had reasonable suspicion under Terry v. Ohio to stop the vehicle based on knowledge that the registered owner's license was revoked and that the driver strongly resembled the owner.
Holdings
- The appellate court did not err by considering section 6-303 of the Illinois Vehicle Code because the State's argument that the stop was lawful encompassed the statutory restricted-driving-permit scheme, and the parties fully briefed the statutory issue.
- The restricted-driving-permit exception in section 6-303 is not an element of the offense of driving while license revoked; it is a statutory exception or defense. The elements are the act of driving a motor vehicle on an Illinois highway and the fact that the driver's license or privilege was revoked.
- An officer need not have reasonable, articulable suspicion that a driver is operating outside the terms of a restricted driving permit when the officer has reasonable, articulable suspicion that the driver is driving on a revoked license. The officer must reasonably suspect the elements of the offense, but need not suspect the absence of a statutory permit exception that is not an element.
- The stop was lawful under Terry because the officer knew that the registered owner's license was revoked and the driver strongly resembled the owner, providing a reasonable, articulable suspicion that the driver was operating a vehicle on a revoked license.
Key quotations
“We agree with Ellis and Rodgers that the RDP exception in section 6–303 is not an element of the offense of driving while license revoked.” (slip op. at 9)
“Officer Belski was not required to have a reasonable articulable suspicion that defendant was not in compliance with the terms of his RDP, as that is not an element of the offense.” (slip op. at 9-10)
“Viewed objectively, the facts available to Officer Belski were sufficient to create the reasonable, articulable suspicion necessary to effect a Terry stop.” (slip op. at 11-12)
Factual background
A police officer conducted a registration check of a pickup truck and learned that the registered owner's driver's license was revoked and that the owner had been issued a restricted driving permit, although the permit's terms were unavailable. The driver strongly resembled the owner's computer photograph. The officer stopped the truck because he suspected, based on the Sunday evening time, the driver's clothing, and his experience with restricted permits, that the driver was outside the permit's limits. The officer had observed no traffic violation before the stop.
Procedural history
Close was indicted in La Salle County for felony driving while license revoked. The circuit court granted his motion to quash the arrest and suppress evidence, finding that the officer lacked reasonable, articulable suspicion that Close was driving outside the terms of his restricted driving permit. The appellate court reversed and remanded, and the Illinois Supreme Court affirmed.
Remand instructions
The appellate court's reversal of the circuit court's suppression order was affirmed, and the case was remanded for further proceedings.