PEOPLE v. HARRIS

No. 92783.

802 N.E.2d 219 (2003)

207 Ill.2d 515

280 Ill.Dec. 294

The PEOPLE of the State of Illinois, Appellant, v. Raymond HARRIS, Appellee.

Supreme Court of Illinois.

November 20, 2003.


Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, and Jeff Tomczak, State's Attorney, Joliet (Joel D. Bertocchi, Solicitor General, William L. Browers and Karen Kaplan, Assistant Attorneys General, Chicago, and Norbert J. Goetten, John X. Breslin and Rita Kennedy Mertel, of the Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.

Robert J. Agostinelli, Deputy Defender, and Stephen H. Omolecki, Assistant Defender, of the Office of the State Appellate Defender, Ottawa, for appellee.


Justice FREEMAN delivered the opinion of the court:

At issue in this case is whether a police officer, having obtained an identification card from a passenger in a vehicle during a traffic stop, may perform a check to determine whether there are outstanding warrants for the passenger's arrest. We hold that, under the circumstances at bar, the warrant check was outside the scope of the traffic stop and was impermissible.

BACKGROUND

At approximately...

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