The Illinois Supreme Court has ruled that the police can pull over a vehicle just for trying to avoid a police roadblock. Jacob Timmsen was driving down US Highway 31 when he saw bright orange warning signs that he was about to enter a police checkpoint. Timmsen activated his turn single and made a U-turn at a railroad crossing about 50 feet away from the roadblock. There was nothing improper about the maneuver. He properly used his turn signal and made an otherwise legal and proper driving maneuver. In spite of the fact that he was driving legally, a County Deputy working the police roadblock checkpoint pulled over Timmsen merely because he suspected that he was trying to avoid the police roadblock. After Timmsen was detained and interrogated by the deputy, it was determined that he was driving on a suspended license and placed under arrest. After he was arrested, the deputy searched Timmsen’s vehicle and found less than a gram of marijuana inside his vehicle. Timmsen was subsequently convicted and sentenced to 90 days in county jail. After the conviction, Timmsen appealed the case and the Court of Appeals ruled in his favor finding that the maneuver made by Timmsen did not provide reasonable articulable suspicion that Timmsen had committed any crime and that exercising one’s constitutional rights should not be used as evidence against them in a criminal prosecution. The State appealed to the Illinois Supreme Court and the Supreme Court overturned the ruling of the Appellate Court and ruled that the deputy had reasonable suspicion to make the stop and upheld the conviction of Timmsen. In ruling the way it did, the court looked at the totality of the circumstances, mainly that the maneuver occurred at 1:15 a.m. on a Saturday morning approximately 50 feet from a checkpoint roadblock. The court found that this indicated a high degree of probability that the driver was operating his vehicle under the influence of alcohol and by attempting to avoid detection by the police, Timpson had created reasonable suspicion and probable cause to pull him over. Timmsen had argued that the police had no right to pull him over because he was merely minding his own business. But the Supreme Court did not agree with him. The court found that even though he made a legal maneuver, it raised the suspicion that he was attempting to avoid contact with the police. The court found that there was nothing about the facts of the case to suggest that he was merely going about his own business. The court found that his U-turn was just as suspicious and evasive as running away from a police officer in a high-crime area. As a matter of fact, the majority found that Timmsen was doing the opposite of going about his own business.
The lone dissent was by Judge Anne M. Burke. Judge Burke argue that the 4th Amendment gives individuals the right to ignore a police officer if that police officer has no reason to believe that they had done anything wrong. She believes that the roadblock in the early morning hours was irrelevant to the case. Judge Burke held that you cannot be convicted of doing something that you have a right to do. Since you have a right to avoid the police and not cooperate with them, how can that be a sufficient basis for pulling over a motorist?
This case is troubling precisely for the reasons stated by Judge Burke in her dissent. Timmsen was arrested because he was exercising his constitutional rights. It’s important to keep in mind that when it comes to the constitution, the ends should not justify the means. Sure, Timmsen was driving a vehicle without a license and had marijuana in his vehicle. But the police did not discover this until after he was pulled over. But the reason he was pulled over was because he tried to avoid contact with the police. The 4th Amendment grants citizens the right to not talk to the police when they don’t want to. So what this case does is impose criminal penalties upon a citizen who is exercising a constitutional right. This is troubling and should not be allowed. Why have a constitutional right if citizens know that exercising their constitutional right could put them in legal jeopardy? I suppose that this defeats the purpose of giving people that constitutional right. We should cherish the rights afforded to us by our constitution. By imposing criminal penalties upon people who exercise those constitutional rights, we are watering down and dismissing the importance of those constitutional rights. People should not be afraid to exercise their constitutional rights.
James Dimeas is an award winning criminal defense attorney and author with more than 24 years of experience aggressively representing his clients in criminal cases. If you have a criminal case in Illinois, contact me in Chicago (312-229-5500), DuPage and Kane (630-504-2096) or Lake (847-696-6458) for a free and confidential consultation to discuss your legal options.