People v. Pellegrino

The State appealed from the circuit court’s order granting defendant’s motion to quash his arrest for driving under the influence of alcohol and to suppress evidence. On appeal, the court considered the nature of the traffic stop and whether an arrest occurred when the police officer took the defendant’s car keys, which would require probable cause, or whether taking the keys was a Terry stop which only required a reasonable, articulable suspicion of criminal activity. The appellate court concluded that while a seizure occurred when the officer took the defendant’s keys, it was merely a Terry stop rather than an arrest and vacated the trial court order to the contrary. (SCHOSTOK and BIRKETT, concurring)