The son of Mike Ditka, legendary NFL tight end, coach and NBC football analyst, was arrested for DUI in Lake County (suburban Chicago) in April 2011. At the time, some commentators questioned whether the police had a basis to approach young Ditka’s vehicle in the first place.
Under the Fourth Amendment to the United States Constitution and the Illinois Constitution, you are protected from “unreasonable searches and seizures. In order to further those protections, the police must obtain a search or arrest warrant, although the courts have carved out numerous exceptions to the warrant requirement.
Therefore, not every citizen encounter with law enforcement constitutes a seizure that requires a warrant. In the realm of traffic and DUI law the most important case is Terry v. Ohio 392 US 1, 20 L.Ed. 2d 889 (1968), where the United States Supreme Court ruled that if police had a “reasonable suspicion” that someone had committed or was about to commit a crime, the police could initiate what is known as an “investigatory stop”.
On the other hand, a mere “hunch” of illegal activity is insufficient to justify a Terry stop. People v. Drewes, 278 Ill. App. 3d 768, 215 Ill. Dec. 445 (3d. Dist. 1996). Whether or not a Terry stop is reasonable requires a balancing of the public’s interest in safety and the individual’s right to personal security and freedom. People v. Smithers, 83 Ill.2d.430,434 (1980)
In the Ditka case, the evidence showed that Ditka was sitting in a black Hummer in the parking lot of his Deerfield housing complex when the officer approached him. The officer said he asked Ditka to exit the vehicle after he smelled a strong odor of alcohol, according to a police report.
The judge determined that the officer had no reason to believe that Ditka had committed a crime when the officer approached his vehicle. The fact that after approaching the vehicle, the officer determined that Ditka had a strong odor of alcohol on his breath and that he submitted to a portable breath test (PBT) is not sufficient to overcome the Constitutional violation.