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Court Affirms Motion to Suppress Evidence

Posted by Daniel Herbert DUI/Criminal Defense
People v. Lee, 2018 IL App (3d) 170209 (February 5, 2018) Henry Co. (SCHMIDT) Affirmed.
Court properly granted Defendants’ motions to quash arrest and suppress evidence. Officer had probable cause to stop vehicle for failure to signal a lane change. Officer yelled “hey, no talking” at Defendants, thus indicating that compliance with officer’s request might be compelled, and was in the nature of an order, along with other demands officer made of Defendants within a short period of time. Thus, a reasonable person would not believe that he was allowed to leave the scene completely. Thus, as officer had neither probable cause nor reasonable, articulable suspicion to detain Defendants, and encounter from that point on was not consensual, improper seizure occurred. (HOLDRIDGE and McDADE, concurring.)
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