People v. Close

939 N.E.2d 463, 238 Ill. 2d 497, 345 Ill. Dec. 620, 2010 Ill. LEXIS 1539
Illinois Supreme Court·Decided October 21, 2010·No. 108459·Published·Cited by 139 cases

Opinions

CHIEF JUSTICE FITZGERALD

delivered the judgment of the court, with opinion.

Justices Freeman, Thomas, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

Justice Burke dissented, with opinion.

OPINION

Defendant, Marc A. Close, was charged by indictment with one count of felony driving while license revoked (625 ILCS 5/6 — 303(d) (West 2006)). The circuit court of La Salle County granted defendant’s motion to quash arrest and suppress evidence, finding the stop of defendant’s vehicle was unlawful because the officer had no reasonable, articulable suspicion that defendant was driving outside the terms of his restricted driving permit (RDP). The appellate court reversed and remanded for further proceedings. 389 Ill. App. 3d 228.

For the reasons stated below, we affirm the judgment of the appellate court.

BACKGROUND

On August 7, 2007, defendant was indicted by a La Salle County grand jury on one count of felony driving while license revoked. The indictment alleged that on June 24, 2007, defendant knowingly drove a 1987 Chevrolet vehicle upon a public highway in LaSalle, Illinois, at a time when his license was revoked, and that the basis for the revocation was a conviction for driving under the influence of alcohol. The indictment also alleged that defendant previously had been convicted of the offense of driving while license revoked, and that the basis for that revocation was also a conviction for driving while under the influence of alcohol. See 625 ILCS 5/11— 501 (West 2006).

Defendant filed a motion to quash his arrest and suppress evidence. At the hearing, Officer Thomas Belski of the LaSalle police department testified that on Sunday, June 24, 2007, at 7:13 p.m. he was on routine patrol. He ran a registration check of a 1987 Chevrolet pickup on his mobile computer, which disclosed that the license of the registered owner, defendant, had been revoked. The computer also disclosed that the owner had been issued an RDB but did not disclose the terms of the RDE Belski testified that the person driving the pickup truck strongly resembled the photograph of the owner that he was able to pull up on his computer. Belski stopped the vehicle, asked defendant if he was aware his license was revoked, and subsequently arrested defendant for driving while license revoked. Prior to the stop, Belski did not observe defendant commit any traffic violation.

Defense counsel asked Belski, “The reason that you stopped the vehicle [was] because you had a hunch that he [defendant] was not driving within the periods of his restricted driving permit, isn’t that correct?” Belski answered, “Yes, I did.” Belski later explained that based on his experience, an RDP is typically issued for work or hardship, and prior to stopping defendant, he took into account the day of the week — Sunday; the time of day— 7:13 p.m.; and defendant’s clothing — a tank top, baseball cap, and sunglasses.

Relying on People v. Johnson, 379 Ill. App. 3d 710 (2008), defendant argued that Officer Belski’s hunch that defendant was driving outside the parameters of his RDP did not provide an adequate basis for the vehicle stop. The trial court agreed and granted defendant’s motion to suppress. The State subsequently filed a certificate of substantial impairment and notice of appeal. See 210 Ill. 2d R. 604(a)(1); People v. Young, 82 Ill. 2d 234, 247 (1980).

The appellate court reversed and remanded for further proceedings. 389 Ill. App. 3d at 234. The majority expressly declined to follow Johnson and held that “the mere existence of an RDP does not extinguish an officer’s reasonable and articulable basis to believe the officer has witnessed a revoked driver traveling on a highway of this state, in violation of the provisions of the Vehicle Code.” 389 Ill. App. 3d at 233. The appellate court reasoned that the language of section 6 — 303 of the Illinois Vehicle Code, which establishes the offense of driving while license revoked, demonstrates that the issuance of an RDP is a statutory defense and not an additional element that the State is required to prove. 389 Ill. App. 3d at 232-33. Accordingly, “an officer is not required to determine or verify the scope of the restricted driving permit before performing a traffic stop when a reasonable articulable basis exists to believe the license of the person behind the wheel is revoked.” (Emphasis in original.) 389 Ill. App. 3d at 233.1 The dissenting justice would have followed Johnson, stating that “in order to effectuate a valid traffic stop, *** an officer must have a reasonable articulable suspicion that the driver is operating the vehicle outside the terms of his/her RDP” 389 Ill. App. 3d at 237 (McDade, J., dissenting).

We allowed defendant’s petition for leave to appeal. 210 Ill. 2d R. 315.

ANALYSIS

Scope of Review

Before considering the propriety of the suppression order, we address an argument defendant raised in his reply brief concerning the scope of our review. As noted above, underlying the appellate court’s opinion was its analysis of section 6 — 303 of the Illinois Vehicle Code (625 ILCS 5/6 — 303 (West 2006)). Defendant contends that the parties never raised a statutory construction issue involving section 6 — 303 and that the appellate court erred by raising this issue sua sponte. See People v. Hunt, 234 Ill. 2d 49, 56 (2009) (appellate court’s sua sponte consideration of issues not considered by the trial court and never argued by the parties constituted error). Defendant further argues that because the theory under which a case is tried cannot be changed on review (Hunt, 234 Ill. 2d at 56), the State cannot raise before this court an issue improperly considered by the appellate court. For these reasons, defendant contends that we should not consider the meaning of section 6 — 303. We disagree.

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People v. Close, 939 N.E.2d 463, 238 Ill. 2d 497, 345 Ill. Dec. 620, 2010 Ill. LEXIS 1539 (Ill. 2010).

939 N.E.2d 463 (People v. Close) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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