People v. Johnson

In People v. Johnson, 379 Ill. App. 3d 710, 885 N.E.2d 358, 319 Ill. Dec. 87 (2008), the officer testified that on Sunday, February 12, 2006, at 4:30 p.m., he conducted a registration check of a motor vehicle and learned that the male, registered owner of the vehicle possessed a restricted driving permit. After observing "the driver was a male with an appearance consistent with that of the male owner," the officer initiated a traffic stop on the vehicle. People v. Johnson, 379 Ill. App. 3d at 711. The appellate court upheld the trial court's decision quashing the arrest and suppressing the evidence in Johnson. The appellate court ruled that the traffic stop was based on "a hunch, not reasonable suspicion," in part, because the officer relied on the time of day alone to deduce the driver might not be operating his vehicle within the conditions of the permit. People v. Johnson, 379 Ill. App. 3d at 712-13. The court went on to acknowledge that under other circumstances, not present in that case, "some combination of factors, including the time the holder of an RDP was driving, might lead to a reasonable suspicion that the driver was outside the terms of his or her permit." People v. Johnson, 379 Ill. App. 3d at 713.