SUPREME COURT OF ILLINOIS
532 N.E.2d 228, 125 Ill. 2d 343, 126 Ill. Dec. 543 1988.IL.1763
Appeal from the Appellate Court for the Third District; heard in that court on appeal from the Circuit Court of Hancock County, the Hon. R. C. Ripple, Judge, presiding.
JUSTICE CUNNINGHAM delivered the opinion of the court. JUSTICE STAMOS took no part in the consideration or decision of this case.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE CUNNINGHAM
Defendant, Allen Fenton, was charged with the offense of speeding in violation of section 11-608 of the Illinois Vehicle Code (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-608). Prior to trial in the circuit court of Hancock County, defendant filed a motion to suppress, which was granted. The People appealed, and the appellate court affirmed (154 Ill. App. 3d 152). We granted the People's petition for leave to appeal (107 Ill. 2d R. 315). No questions are raised on the pleadings. The sole issue is whether the circuit court erred in granting defendant's motion to suppress.
On December 26, 1985, at approximately 11:30 p.m., a Hamilton, Illinois, police officer in uniform in an unmarked car equipped with red lights in the grill, headlight flashers, and pop-up lights inside the passenger area of the patrol car, saw a driver speeding toward the Keokuk -- Hamilton bridge, which crosses into Iowa. The officer, being trained and certified in the use of radar, determined from his radar the speed of the car to be 61 miles per hour in a 35 miles per hour zone.
The Illinois officer activated his emergency lights and pursued the car. The driver stopped the car in Iowa, approximately two blocks from the Keokuk -- Hamilton bridge. The driver then got out of his car. The officer and the driver of the car met between the cars, and the officer recognized the driver as Allen Fenton, the defendant. The officer told defendant that he was going 61 miles per hour in a 35 miles per hour zone, and to come by city hall in Hamilton, Illinois, to pick up his citation. The officer and defendant talked only a few seconds. The officer identified the driver of the car and left.
It is undisputed that only at this point was the Illinois officer able to identify the driver of the car as defendant., Defendant filed a motion to suppress the police officer's identification on the following grounds:
"When the defendant was stopped and informed that he would be issued a citation, he was in the State of Iowa at approximately 5th and Main Street in Keokuk, Iowa, and that such stop was illegal and beyond the jurisdiction of the police officers.", Defendant has not participated in the appeal of this matter.
The circuit court issued its letter of opinion on June 16, 1986, granting defendant's motion to suppress. The circuit court concluded that no arrest had taken place under Iowa law, but that the identification of defendant by the Illinois officer occurred during an illegal stop in Iowa and should be suppressed. The appellate court affirmed the circuit court. The appellate court agreed that no arrest had taken place, and characterized the stop of defendant as an investigatory stop.
After pointing out that an out-of-jurisdiction officer has the status of a private citizen (State v. O'Kelly (Iowa 1973), 211 N.W.2d 589), the appellate court concluded that a private person is proscribed from making an investigatory stop. Since the Illinois officer had the status of a private citizen in Iowa, the appellate court concluded that the Illinois officer's "investigatory stop" of defendant was illegal, and the identification of defendant should be suppressed. 154 Ill. App. 3d at 154.
For the reasons developed below, we reverse.
This case comes to this court on a stipulated record. Both parties agree that no factual dispute exists. From this stipulated set of facts, we can only conclude that, not only did an arrest not take ...