An Illinois State Trooper performed a legitimate traffic stop, and learned the Defendant was driving a rental car. The trooper places the Defendant in the trooper’s car for 25 minutes seeking proof that the Defendant was a listed driver on the rental car, including contacting the rental car company.
The trooper eventually arrests the driver for criminal trespass of the rental vehicle, searches the vehicle as an inventory search, discovering narcotics. The trial court granted the motion to quash arrest, and the appellate court affirmed.
The appellate court held waiting to hear from the rental car company unreasonably prolonged the stop based on the United States Supreme Court decision in Rodriguez v. United States, 575 U.S. ___, 135 S. Ct. 1609 (2015). Rodriguez , permits a police officer may make “ordinary inquiries incident to the stop.” such as checking a driver’s license and vehicle registration.” Here, although the delay was not to wait for a narcotics dog, contacting the rental car company and the accompanying delay that went with that communication was not incident to the stop nor was it for the purposes of a safety check.
The case is People v. Cassino, 2019 IL App. (1st) 181510. Decided 6/7/2019