People v. Bohannon

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People v. Bohannon

State: Illinois

Court: 5th District Appellate

Docket No: 5-08-0370 Rel

Case Date: 09/10/2010

Preview:NO. 5-08-0370
NOTICE Decision filed 09/10/10. The text of this decision may be changed or corrected prior to the filing of a Peti tion for Rehearing or th e

IN THE APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Johnson County. ) v. ) No. 07-CM-94 ) STEVEN BOHANNON, ) Honorable ) Charles C. Cavaness, Defendant-Appellee. ) Judge, presiding. ________________________________________________________________________ PRESIDING JUSTICE GOLDENHERSH delivered the opinion of the court: Defendant, Steven Bohannon, was charged with obstructing a peace officer under the Criminal Code of 1961 (720 ILCS 5/31-1 (West 2006)) in the circuit court of Johnson County. The circuit court dismissed the charge. On appeal, the State contends that the dismissal was improper. W e affirm. FACTS According to reports of the Vienna police department, defendant was driving his vehicle alone, when he was stopped at a random roadside safety checkpoint. Upon stopping, Vienna Police Chief Jim Miller asked defendant to produce a driver's license and proof of insurance. Defendant refused. Chief Miller and other officers asked again and defendant again refused. Defendant was arrested after telling the officers that he would not produce the documents and that they would have to arrest him. Defendant was placed under arrest and charged by information with obstructing a peace officer (720 ILCS 5/31-1 (West 2006)). The amended information stated as follows: "That on or about the 3rd day of July, 2007, in Johnson County, Illinois, the

disposition of the same.

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[d]efendant, STEVEN S. BOHANNON, committed the offense of OBSTRUCTING A POLICE OFFICER, in violation of [section 31-1 of the Criminal Code of 1961 (720 ILCS 5/31-1 (West 2006))], in that said [d]efendant knowingly resisted the performance of [Vienna Police Chief] Jim Miller, a person known by the [d]efendant to be a peace officer, of an authorized act within [Vienna Police Chief] Jim Miller's capacity, namely the investigation of the [d]efendant's Illinois driver's license and liability insurance coverage status, in that the [d]efendant refused to provide [Vienna Police Chief] Jim Miller with a valid Illinois driver's license and proof of liability insurance after [Vienna Police Chief] Jim Miller repeatedly asked the [d]efendant to provide [Vienna Police Chief] Jim Miller with a valid Illinois driver's license and proof of liability insurance coverage." Although the narrative of the police reports indicates that defendant was issued traffic citations for the failure to display his driver's license and proof of insurance, the record before this court does not contain any such citations or order of disposition on any traffic offense. The trial court dismissed the charge of obstruction on the motion of defendant. The court noted that the allegations did not involve issues of officer safety or refusal to exit a vehicle. The court found that the alleged conduct more closely resembled a refusal to answer questions of a police officer than a physical act. The court ruled that the mere refusal to provide a driver's license and proof of insurance did not constitute obstruction of a peace officer. The trial court denied the State's motion to reconsider and the State appealed. ANALYSIS The legislature has vested law enforcement with the authority to request a driver's license and proof of insurance. The Illinois Vehicle Code provides that a driver must carry

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a license and exhibit it when requested by a law enforcement official. 625 ILCS 5/6-112 (West 2006). This section states that a driver "shall display such license or permit if it is in his possession upon demand made, when in uniform or displaying a badge or other sign of authority, by a *** police officer." 625 ILCS 5/6-112 (West 2006). The Illinois Vehicle Code further provides, "Any person who fails to comply with a request by a law enforcement officer for display of evidence of insurance *** shall be deemed to be operating an uninsured motor vehicle." 625 ILCS 5/3-707(b) (West 2006). The fate of any citations under either of these provisions is unclear from the record before this court. At issue on appeal is a charge of obstructing a peace officer (720 ILCS 5/31-1 (West 2006)). On the relevant date, the Criminal Code of 1961 provided as follows: "

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