Court of Appeals of Illinois, First District, Second Division
from the Circuit Court of Cook County No. 14 C6 60390
Honorable Tommy Brewer, Judge Presiding.
JUSTICE delivered the judgment of the court, with opinion.
Presiding Justice Hyman and Justice Neville concurred in the
judgment and opinion.
1 The State appeals from the trial court's order granting
defendant Kevin Bond's motion to quash his arrest and
suppress evidence. The State argues that the trial court
improperly granted defendant's motion to quash the arrest
and suppress evidence because a Blue Island police officer
had the authority to exercise his police power in the city of
Chicago after allegedly observing defendant illegally parked
in the roadway in violation of Illinois statute.
3 Defendant was arrested and charged with three counts of
driving under the influence (DUI). Prior to trial, defendant
filed a motion to quash arrest and suppress evidence arguing
that the arresting officer, a Blue Island policeman, lacked
the authority to arrest him in Chicago. Defendant did not
challenge any other aspects of his arrest. The following
testimony was heard at a hearing on the motion.
4 Defendant testified that at approximately 2:45 a.m. on
March 15, 2014, he was sitting in the driver's seat of
his vehicle and was parked at 119th Street and Longwood in
Chicago. Defendant explained that 119th Street is the
dividing line between Chicago and Blue Island. The north side
of 119th Street is Chicago and the south side is Blue Island.
Defendant was sending text messages on his phone when a Blue
Island police officer approached him. He testified that he
was not breaking any law at the time and had not been
drinking that night.
5 Officer Chickerillo of the Blue Island police department
testified that on March 15, 2014, at or around 2:45 a.m., he
was on routine patrol on the Blue Island side of 119th Street
when he observed defendant's vehicle stopped just over
the white line at a stop sign, so that his car was partially
in the westbound lane of 119th Street. According to Officer
Chickerillo, he observed this "parking violation"
from the Blue Island side of 119th Street. Officer
Chickerillo explained that no parking is allowed on 119th
Street, so based on the location of the vehicle, it was
improperly parked on the roadway. Officer Chickerillo did not
contact the Chicago police to inform them that
defendant's car was illegally parked.
6 Officer Chickerillo continued his patrol and about 10
minutes later observed defendant's vehicle still in the
same position. Concerned that defendant needed directions, he
pulled his patrol car up next to defendant's car on the
Chicago side of 119th Street. When he pulled up next to
defendant's car, he observed that defendant had his eyes
closed and his head tilted back against the headrest and
appeared to be sleeping. Officer Chickerillo then pulled
behind defendant's vehicle and noticed that
defendant's brake lights were on. Officer Chickerillo
testified that he then called Blue Island police for backup
because he thought defendant's car might be in drive. He
walked up to the driver's side window and observed that
the vehicle was in drive. He then waited at the driver's
side window for additional units to arrive. During the time
Officer Chickerillo waited for additional units to arrive,
defendant did not open his eyes or move.
7 Officer Chickerillo and Sergeant Haro knocked on the
windows of the vehicle in an attempt to wake defendant. After
a minute of knocking, defendant woke up and appeared to be
disoriented and confused. Although the officers told
defendant to put his car in park three times, defendant
turned the car off while it was still in drive. Officer
Chickerillo then told defendant to get out of the car.
Defendant rolled down the window instead. At that time,
Officer Chickerillo noticed a strong smell of alcohol coming
from the vehicle. Officer Chickerillo then reached inside the
vehicle's window and manually unlocked and opened the
driver's side door. Defendant exited the vehicle upon
request but stumbled from his car across the street.
Defendant's speech was slurred. Officer Chickerillo
retrieved defendant from across the street, and, while
physically holding him up, walked him back to his vehicle.
Officer Chickerillo could smell alcohol on defendant's
8 Defendant was too disoriented to respond to Officer
Chickerillo's request for his identification. After
patting defendant down, Officer Chickerillo found
defendant's driver's license in his wallet and
conducted a Law Enforcement Agencies Data System (LEADS)
inquiry that showed defendant's license was suspended.
Defendant was then arrested for driving with a suspended
license. Officer Chickerillo identified defendant in open
9 Officer Chickerillo testified that he could not see what
defendant was doing in his vehicle until he crossed over into
Chicago and pulled up alongside defendant's vehicle. The
officer testified that defendant's vehicle was not
impeding traffic where it was stopped, there was no warrant
for defendant's arrest, and none of the events involving
defendant's arrest occurred in Blue Island. He further
testified that he could have contacted the Blue Island police
department and had them contact the Chicago police
10 After hearing the testimony and argument from both parties
and the State's subsequent motion to reconsider, the
trial court granted defendant's motion to quash arrest
and suppress evidence stating that Officer Chickerillo did
not have a legal basis for conducting the initial
investigation because the officer only observed defendant
commit a parking violation. The court found sections 7-4-7
and 7-4-8 of the Illinois Municipal Code (Municipal Code) (65
ILCS 5/7-4-7, 7-4-8 (West 2014)) to be in conflict with
section 107-4(a-3)(2) of the Code of Criminal Procedure of
1963 (Code of Criminal Procedure) (725 ILCS 5/107-4(a-3)(2)
(West 2014)) because "using the language from
107-4" the officer was required to "see him do a
misdemeanor or felony in order to be able to act." The
court stated that illegal parking was not a misdemeanor, so
illegal parking would not trigger jurisdiction under section
11 The State filed a certificate of substantial impairment
(see Ill. S.Ct. R. 604(a)(1) (eff. Dec. 11, ...