People v. Harris

In People v. Harris, 228 Ill. 2d 222, 886 N.E.2d 947, 319 Ill. Dec. 823 (2008), the defendant was a passenger in a vehicle that was stopped for making an illegal left turn. Harris, 228 Ill. 2d at 224. After trying to ascertain the identity of the driver, who told the officer that his driving privileges were either suspended or revoked, the arresting officer asked the defendant for identification. The officer testified that, pursuant to his usual practice, he would ask a passenger of a stopped vehicle for identification to determine whether the passenger could drive the stopped vehicle away from the scene once the driver is arrested. The defendant gave the officer his state identification card, and the officer investigated the defendant through the county dispatch, discovering that the defendant had an outstanding warrant for failing to appear in court. The defendant was arrested, and a search conducted pursuant to that arrest revealed that the defendant was carrying cocaine and cocaine paraphernalia. At no time during the stop did the officer ask the defendant whether he could drive, and the defendant never exhibited any behavior that aroused the officer's suspicions or led the officer to believe that the defendant was involved in any wrongdoing. In examining whether the warrant check of the defendant was proper, our supreme court first determined that the officer had probable cause to stop the car in which the defendant was a passenger, because the officer observed the driver make an illegal left turn. Harris, 228 Ill. 2d at 232. The court then found that the officer could ask the defendant, who was lawfully seized but about whom the police lacked individualized reasonable suspicion, for his identification, because such a request did not unduly prolong the stop and no additional fourth amendment justification was required. Harris, 228 Ill. 2d at 242-44, 246. Citing the fact that a warrant check does not infringe upon any legitimate privacy interest, as such a check does not reveal any private activity or information, the court held that the warrant check on the defendant did not infringe upon a constitutionally protected privacy interest. Harris, 228 Ill. 2d at 237-38. Lastly, the court concluded that an innocent person in the defendant's position, though not free to terminate his encounter with the police, would have felt free to decline the officer's request for identification. Harris, 228 Ill. 2d at 248.