WHEN DOES A TRAFFIC STOP BECOME AN ARREST?

If you are stopped for a traffic offense or DUI, an arrest occurs the moment you are no longer free to leave.  This moment matters because an officer must have probable cause to arrest you.  If not, an attorney may petition the court to suppress the evidence from your arrest.

However, an officer may also make a brief, investigatory stop based on a reasonable, articulable suspicion of criminal activity, which is known as a Terry stop.  A Terry stop requires less than probable cause but more than a hunch. Your attorney can still petition to suppress the evidence but a Terry stop is easier for the state to justify.

Whether your stop was a seizure requiring probable cause or something less is a highly fact-based question which different judges may see very differently.  Therefore, it is important to have an attorney who is familiar with your particular judge.

For example, being handcuffed may seem like an obvious arrest, but some courts have disagreed. Courts consider various factors, such as whether the officer drew their weapon, their tone of voice, use of handcuffs, physical touching and the threatening presence of several officers. Depending on the context, physical force or a show of authority may not be enough to turn a Terry stop into an arrest.

For example in People v. Pellegrino,  the trial court denied the defendant’s motion to suppress.  The defendant said an arrest occurred when the officer took his keys. The appellate court disagreed, instead finding the seizure was a Terry stop. The officer did not draw her weapon, use a threatening voice, handcuff defendant or touch him. When taking the keys, she was the only officer at the scene. The court then looked at whether the officer could justify the Terry stop. However, because the court did not have enough information, it sent the matter back to the trial court.

If you are charged with DUI or a similar offense, contact an experienced attorney immediately.  An attorney who is familiar with your courthouse may be able to present the facts of your case to your particular judge in their most favorable light.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See our related post at Did police have probable cause before your arrest?

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)