Find Court Cases > Go Back to List > Village of Mundelein v. Franco

Village of Mundelein v. Franco

Case Date: 12/04/2000
Court: 2nd District Appellate
Docket No: 2-99-1222, 1110 cons. Rel

December 4, 2000

Nos. 2--99--1222 & 2--99--1110 cons.

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE VILLAGE OF MUNDELEIN,

          Plaintiff-Appellant,

 

v.

FRANCISCO FRANCO,

          Defendant-Appellee.

 )
)
)
)
)
)
)
)
)
)
)		 Appeal from the Circuit Court
of Lake County.

Nos. 99--DR--1369
         99--TR--39900
         99--TR--39902


Honorable
Patrick N. Lawler,
Judge, Presiding. 
THE VILLAGE OF LINCOLNSHIRE,

          Plaintiff-Appellant,



v.

EUGENIO GOMEZ,

          Defendant-Appellee.

 )
)
)
)
)
)
)
)
)
)
)		 Appeal from the Circuit Court
of Lake county.

Nos.  99--TR--22008
          99--TR--22011
          99--TR--22012


Honorable
Patrick N. Lawler,
Judge, Presiding.

JUSTICE RAPP delivered the opinion of the court:

These consolidated cases present the issue of whether home rule local governmentalunits exceed their home rule powers if they enact and enforce an ordinance thatallows a law enforcement officer to stop a motor vehicle solely because anoccupant of the motor vehicle was perceived to be not wearing a seat belt eventhough a statute prohibits law enforcement officers from making such a stop. Weconclude that home rule units do not exceed their home rule powers if they enactand enforce such an ordinance.

On April 13, 1998, the Village of Lincolnshire (Lincolnshire), a home rule unit,adopted ordinance No. 98--1548--10 (Lincolnshire ordinance) (Lincolnshire VillageCode No. 98--1548--10 (eff. April 13, 1998)) pursuant to its home rule powers. The Lincolnshire ordinance requires all noninfant occupants of a motor vehiclethat is being operated on a roadway in Lincolnshire to wear a properly adjustedand fastened seat belt.

On February 8, 1999, a Lincolnshire police officer stopped a motor vehicle thatwas being driven by defendant Eugenio Gomez. The sole reason for the stop wasthat the police officer perceived Gomez to be in violation of the Lincolnshireordinance by not wearing a seat belt. Following the stop, Gomez was arrested andcharged with driving while his driving privileges were suspended (see 625 ILCS5/6--303 (West 1998)).

Gomez filed a motion to quash his arrest and suppress evidence. Following ahearing, the trial court issued a written order granting the motion. The orderfound that the stop was improper because the Lincolnshire ordinance was contraryto section 12--603.1(e) of the Illinois Vehicle Code (Vehicle Code) (625 ILCS5/12--603.1(e) (West 1998)). Section 12--603.1(e) prohibits any law enforcementofficer from stopping a motor vehicle solely for not wearing a seat belt. Lincolnshire filed a timely notice of appeal and a certificate of impairment.

On October 5, 1998, the Village of Mundelein (Mundelein), a home rule unit,adopted ordinance No. 98--10--40 (Mundelein ordinance) (Mundelein, Ill., OrdinanceNo. 98--10--40 (eff. October 5, 1998)) pursuant to its home rule powers. TheMundelein ordinance requires all noninfant occupants of a motor vehicle that isbeing operated on a roadway in Mundelein to wear a properly adjusted and fastenedseat belt. The Mundelein ordinance also provides:

"Any Village police officer may stop any motor vehicle, or driver or passenger ofsuch vehicle solely on the basis of a violation or suspected violation by eitherthe driver or passenger failing to have a fastened seat safety belt, in violationof this section while such motor vehicle is being operated on any roadway withinthe corporate limits of Village of Mundelein." Mundelein, Ill., Ordinance No. 98--10--40