People v. Lee, 2016 IL App (2d) 150359 (January). Episode 160 (Duration 8:27)
This extra-territorial arrest, which was based on evidence gathered via radar projected into South Elgin from outside of South Elgin.
The officer was parked outside South Elgin monitoring the speed of cars in South Elgin. The defendant was clocked doing 62 in a 45.
However, the court’s finding that this arrest occurred in South Elgin was against the manifest weight of the evidence.
Defendant’s vehicle turned south onto Burr Road before it was stopped. That location was outside of South Elgin.
725 ILCS 5/107-4(a-3) says that:
Any peace officer employed by a law enforcement agency of this State may conduct temporary questioning pursuant to Section 107-14 of this Code and may make arrests in any jurisdiction within this State: (1) if the officer is engaged in the investigation of criminal activity that occurred in the officer’s primary jurisdiction and the temporary questioning or arrest relates to, arises from, or is conducted pursuant to that investigation; or (2) if the officer, while on duty as a peace officer, becomes personally aware of the immediate commission of a felony or misdemeanor violation of the laws of this State…
Thus, it would appear that an officer can indeed make a misdemeanor DUI arrest outside their own city boundaries.
However, the issue here is whether an officer can stop a car outside its jurisdictional lines for what initially always begins with a mere traffic infraction.
An officer from city A cannot stop a car in city B for a traffic violation that occurred in city B. When that happens we have an illegal stop. A motion to suppress then follows where a trial judge is likely to exclude all the subsequent evidence of intoxication.
Extra-Territorial Arrest Was Allowed
Nonetheless, the reviewing court did not reverse in this case.
The court may affirm on any basis supported by the record. 725 ILCS 5/107-5(c) says if the arresting officer had probable cause to believe that the defendant had committed an offense within the officer’s jurisdiction an extraterritorial arrest may be made.
Although, the officer was parked outside his own city limits he was monitoring traffic traveling within his own city. The speeding that was observed occurred in South Elgin. Since, this was a South Elgin Officer he was within his rights to stop the car.
It then didn’t matter that the car was actually stopped in Elgin.
Get it. Clear as day!