Dear Jon:
Last night, as I was leaving a popular Halsted Street Nightclub, I saw this cop pull over a guy in his car as he was turning onto Cornelia at Halsted. I see that same cop pulling people over in that area all the time. Always around 2-4 a.m. He is a white guy, about 55 y/o with a mustache. What's the deal? I'm no expert, but it never really seems like the people pulled over are doing anything wrong. Can they just pull people over randomly and check for DUI?

--Over it

Dear Over it:
It's funny you should ask. I know just who you mean. Yes, there is an officer from the 23rd Police District that likes to hang out in front of Hydrate and Little Jim's and arrest people for DUI as the bars are closing. I have been doing battle with him a great deal over the years; fortunately, we always beat him.

And to answer your question, no, they can't just pull people over at random (road blocks are a whole other issue). They have to have probable cause to believe that a crime has been committed.

In a DUI situation, very often a minor traffic violation is the justification for the stop, which in turn leads to discovery of evidence of DUI. As you can see, these situations are rife with potential for abuse. Often the alleged traffic stop is just a pre-text to fish for evidence of other crimes.

And when an officer is sitting outside of bars waiting for people to get into cars, the validity of the underlying traffic violation is even more readily called into question.

It is not just sleazy law-enforcement; it is a violation of one's constitutional rights. And if such a situation is properly presented to a decent judge, the cop will not get away with it.

--Jon

**Jon Erickson is partner at Erickson & Oppenheimer where he specializes in criminal and civil rights law. Phone your question to Erickson & Oppenheimer at 773-875-4646.**