from the Circuit Court of the 12th Judicial Circuit, Will
County, Illinois, Circuit Nos. 15-DT-186, 15-TR-9913
Honorable Kenneth L. Zelazo, Judge, Presiding.
JUSTICE WRIGHT delivered the judgment of the court, with
opinion. Presiding Justice Holdridge and Justice Schmidt
concurred in the judgment and opinion.
1 The State appeals from an order granting defendant's
motion to quash his arrest for driving under the influence of
alcohol (DUI) by a Lockport police officer, acting within his
jurisdiction, after an off-duty Palos Hills police officer
placed defendant in custody for improper lane usage. During
the hearing on the motion to quash arrest and suppress
evidence, the off-duty Palos Hills police officer testified
that he witnessed defendant driving erratically outside the
officer's jurisdiction and stopped defendant for improper
lane usage. However, since the off-duty Palos Hills police
officer initially measured defendant's speed with a radar
gun before witnessing the improper lane violation, the court
quashed defendant's arrest for DUI as a product of the
invalid citizen's arrest by the off-duty Palos Hills
police officer. We reverse and remand for further
3 On February 7, 2015, an on-duty Lockport police officer
conducted an independent investigation of a complaint
concerning defendant's erratic driving and improper lane
usage in that jurisdiction. Defendant, Thomas Williams,
received citations from the Lockport police officer for two
counts of DUI (625 ILCS 5/11-501(a) (West 2014)) in case No.
15-DT-186 and one count of speeding (625 ILCS 5/11-601(b)
(West 2014)) in case No. 15-TR-9913.
4 On April 14, 2015, defendant filed a motion to quash his
arrest in case No. 15-DT-186. In his motion, defendant argued
that the off-duty Palos Hills police officer, who initially
stopped him, did not have the jurisdictional authority to
place him in custody while waiting for the Lockport police
officer to arrive.
5 On August 12, 2015, the court held a hearing on
defendant's motion to quash. The off- duty Palos Hills
police officer testified that he was driving southbound on
MacGregor Road coming from 151st Street in Lockport,
Illinois, at approximately 3:00 a.m. on February 7, 2015. The
off-duty Palos Hills police officer advised the court that he
had ten years experience as an officer.
6 According to the off-duty Palos Hills police officer, he
was heading to his home in Lockport, Illinois, that morning
after his shift ended with the Palo Hills police department.
The officer was driving an unmarked police car that contained
a radar gun and Mars lights. He was wearing a full police
uniform and was armed with a firearm.
7 While driving southbound on MacGregor Road, a two-way
residential street, the off-duty Palos Hills police officer
encountered an oncoming vehicle that he could see was
speeding above the posted 25 miles per hour speed limit.
According to the off-duty Palos Hills police officer, the
vehicle, later determined to be driven by defendant, was
rapidly closing the distance between defendant's vehicle
and the unmarked squad car.
8 The off-duty Palos Hills police officer testified that
after visually determining defendant was speeding, he glanced
at his dash-mounted radar system that he had not turned off
at the end of his shift. According to the officer, the radar
system measured defendant's speed at 60 miles per hour in
the posted 25 miles per hour zone.
9 As the two vehicles approached and then passed each other
traveling in opposite directions, defendant's vehicle
veered into the oncoming lane of traffic. The off-duty Palos
Hills police officer swerved off the road to avoid colliding
with defendant's vehicle. After this evasive maneuver,
the off-duty Palos Hills police officer called 911 on his
personal cellular phone to report the reckless driver.
10 After reporting the incident, the off-duty Palos Hills
police officer made a U-turn and maintained sight of
defendant's vehicle. The off-duty Palos Hills police
officer relayed this information about the direction of
travel of defendant's vehicle to the dispatcher by using
his personal cellular phone as he followed defendant's
11 Shortly thereafter, defendant parked his vehicle in a
driveway on Reef Road. Again, the off-duty Palos Hills police
officer provided the dispatcher with ...