mere traffic violation in Illinois

1992App. 3d 420, 424 , 417 N.E.2d 247, 250 .) Generally, to justify a full warrantless search of an automobile following a mere traffic violation, the circumstances must reasonably indicate that a more serious crime has been committed.

1982App. 3d 420, 424-25 , 417 N.E.2d 247 .) To justify a full warrantless search following a mere traffic violation, the circumstances must show that a more serious crime was being committed.

2006Gonzalez, 204 Ill.2d at 235 , 273 Ill.Dec. 360 , 789 N.E.2d 260 .

2006Gonzalez, 204 Ill.2d at 235 , 273 Ill.Dec. 360 , 789 N.E.2d 260 .

1992(People v. Penny (1989), 188 Ill.

1986The Illinois Supreme Court has stated that probable cause to search an automobile exists when “the totality of the facts and circumstances known to the officer at the time of the search would justify a reasonable person in believing that contraband was present in the automobile.” (People v. Clark (1982), 92 Ill. 2d 96, 100 , 440 N.E.2d 869, 871 .) Absent some reasonable indication that a more serious crime has been committed, a mere traffic violation cannot justify a full search of a defendant’s vehicle.

1986The Illinois Supreme Court has stated that probable cause to search an automobile exists when “the totality of the facts and circumstances known to the officer at the time of the search would justify a reasonable person in believing that contraband was present in the automobile.” (People v. Clark (1982), 92 Ill. 2d 96, 100 , 440 N.E.2d 869, 871 .) Absent some reasonable indication that a more serious crime has been committed, a mere traffic violation cannot justify a full search of a defendant’s vehicle.

1982(People v. Smith (1978), 67 Ill.

1978(People v. Barksdale (1973), 14 Ill.

1974(But cf. United States v. Robinson, 414 U.S. 218 ; Gustafson v. Florida, 414 U.S. 260 .) But the ultimate search was not based only on the traffic stop.

1974(But cf. United States v. Robinson, 414 U.S. 218 ; Gustafson v. Florida, 414 U.S. 260 .) But the ultimate search was not based only on the traffic stop.

1974This is to be expected since this is the law in Illinois: most traffic offenses do not justify a search. ( People v. Watkins (1960), 19 Ill.2d 11 , 166 N.E.2d 433 .

1974This is to be expected since this is the law in Illinois: most traffic offenses do not justify a search. ( People v. Watkins (1960), 19 Ill.2d 11 , 166 N.E.2d 433 .

1974(But cf. United States v. Robinson, 414 U.S. 218 ; Gustafson v. Florida, 414 U.S. 260 .) But the ultimate search was not based only on the traffic stop.

1974(But cf. United States v. Robinson, 414 U.S. 218 ; Gustafson v. Florida, 414 U.S. 260 .) But the ultimate search was not based only on the traffic stop.

1968Ed. 653 , 70 S. Ct. 430 .) While the car was originally stopped for a mere traffic violation, the suspicious movements of the defendant when the spotlight was turned on him, the fact that the car did not belong to the defendant, and, most important of all, the fact that defendant’s companion was armed, gave the police reasonable cause to believe that they were not dealing with ordinary traffic offenders.