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Court Says Officers Improperly Impounded Car

Posted by Daniel Herbert DUI/Criminal Defense

People v. Davis, 2019 IL App (1st) 181492 (September 23, 2019) Cook Co., 1st (Modified upon denial of rehearing.) Div. (HYMAN) Affirmed.

Defendant was charged with several firearm offenses, after officers found a firearm under driver’s seat of while conducting an inventory search upon impounding his car. Court granted Defendant’s motion to suppress, and found that officers improperly impounded the car. Interaction was not an ordinary traffic stopped; officers flagged him down as he was driving slowly down a street, and there was no reason for Defendant to assume that officers had traffic-related inquiries, and no incentive for him to volunteer proof of insurance absent a request from the officers. The absence of evidence that an officer asked anyone to produce an insurance card is insufficient to prove a violation of the Vehicle Code. (LAVIN and PUCINSKI, concurring.) 

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