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DUI Probable Cause And Chicken Wing Hot Sauce In Your Beard
People v. Bailey, 2019 IL App (3d) 180396 (May). Episode 631 (Duration 15:01)
Food in your beard is not particularly indicative of anything.
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Charges
The State charged defendant with two counts of DUI (625 ILCS 5/11-501(a)(1), (a)(2)), as well as other traffic offenses.
Issue
Defendant filed a motion to suppress evidence, alleging that the officer did not have probable cause to arrest him.
Search & Seizure Resource Page
To see more
Illinois Search And Seizure Resources and case law go here.
Facts
Truck gets stopped for speeding.
When the officer approached defendant’s vehicle, he first noticed defendant “had an orange, greasy substance in his beard,” which appeared to be some sort of food.
The officer testified that defendant’s “hands were very slow and deliberate” as he retrieved those items, but that defendant did not drop or fumble anything. He also noticed that defendant seemed “to be staring almost through me, as if he was having a hard time focusing.”
The officer asked defendant about the substance in his beard and learned that it was sauce from Buffalo Wild Wings, a restaurant at which defendant had recently eaten. Apparently, defendant had been unaware of the sauce in his beard.
Is That Weird?
The officer found it “unusual in general” that a person would have food on their face and not know about it. Interestingly, the officer testified that he did not notice anything unusual about defendant’s eyes and did not observe anything unusual about defendant’s speech.
No red eyes or thick tongue.
He did notice a “sweet odor” emanating from the vehicle, but he did not know what the odor was.
The Cans
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By Police NuggetsPeople v. Bailey, 2019 IL App (3d) 180396 (May). Episode 631 (Duration 15:01)
Food in your beard is not particularly indicative of anything.
Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download
APPLE PODCASTS GOOGLE PODCASTS
SPOTIFY ANDROID RSS
DIRECT DOWNLOAD
Charges
The State charged defendant with two counts of DUI (625 ILCS 5/11-501(a)(1), (a)(2)), as well as other traffic offenses.
Issue
Defendant filed a motion to suppress evidence, alleging that the officer did not have probable cause to arrest him.
Search & Seizure Resource Page
To see more
Illinois Search And Seizure Resources and case law go here.
Facts
Truck gets stopped for speeding.
When the officer approached defendant’s vehicle, he first noticed defendant “had an orange, greasy substance in his beard,” which appeared to be some sort of food.
The officer testified that defendant’s “hands were very slow and deliberate” as he retrieved those items, but that defendant did not drop or fumble anything. He also noticed that defendant seemed “to be staring almost through me, as if he was having a hard time focusing.”
The officer asked defendant about the substance in his beard and learned that it was sauce from Buffalo Wild Wings, a restaurant at which defendant had recently eaten. Apparently, defendant had been unaware of the sauce in his beard.
Is That Weird?
The officer found it “unusual in general” that a person would have food on their face and not know about it. Interestingly, the officer testified that he did not notice anything unusual about defendant’s eyes and did not observe anything unusual about defendant’s speech.
No red eyes or thick tongue.
He did notice a “sweet odor” emanating from the vehicle, but he did not know what the odor was.
The Cans