People v. Kelly

I believe that defendant’s brief delay in proceeding through the green light at the intersection did not constitute a sufficient basis for the arresting officer to stop defendant’s vehicle. Accordingly, I respectfully dissent.

First, I believe that the majority’s conclusion that the investigatory stop in this case was warranted is based on a flawed interpretation of section 11 — 306(a)(1) of the Illinois Vehicle Code (Code) (625 ILCS 5/11 — 306(a)(1) (West 2000)). Section 11 — 306(a)(1) of the Code (625 ILCS 5/11 — 306(a)(1) (West 2000)) is entitled “Traffic-control signal legend” and provides: