People v. Timmsen, 2016 IL 118181, 401 Ill. Dec. 610, 50 N.E.3d 1092 (Mar. 24, 2016).

In relevant part, LaFave’s footnote 85 (5 Wayne R. LaFave, Search and Seizure § 10.8(a) n.85, at 417 (5th ed. 2012)) states, “[c]ompare United States v. Smith, 396 F.3d 579 (4th Cir.2005) (reasonable suspicion where defendant’s vehicle seen to ‘brake abruptly and turn suddenly into a private gravel driveway,’ after which it ‘stopped in the middle of the driveway, more than 200 ft. from the public road but still some distance from the residence’ and ‘around the curve in the driveway’); Smith v. State, 515 So.2d 149 (Ala.Crim.App.1987) (reasonable suspicion where defendant, upon seeing roadblock, turned rapidly into driveway and turned off lights but not engine); . . . with State v. Heapy, 113 Hawaiʻi 283, 151 P.3d 764 (2007), discussed in Jacob Matson, Drunk, Driving, and Untouchable: The Implications of State v. Heapy on Reasonable Suspicion in Hawaiʻi, 31 U. Haw. L. Rev. 607 (2009) (not sufficient that defendant ‘made a legal right turn onto a paved roadway,’ where ‘turn was not made erratically and his headlights were on’; also, policy of stopping all vehicles making legal turn away from roadblock is unlawful) . . . .”

People v. Timmsen, 2016 IL 118181, ¶ 66, 401 Ill. Dec. 610, 629, 50 N.E.3d 1092, 1111 (Mar. 24, 2016) (Burke, J., dissenting).