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No. 2—09—0833

suspicion that there was evidence that needed to be preserved in connection with the offense of

driving with a suspended license.

At the hearing on the motion to suppress, Hucker testified to the traf ic stop. On May 21,

2009, Hucker stopped defendant for driving while not wearing her seat belt. See 625 ILCS

5/12—603.1(a) (West 2008). Defendant pulled over and parked in front of a house in a residential

area. The car was not blocking traffic or a driveway. Defendant had two passengers, a small child

and a teenage female.

Hucker asked defendant for her driver’s license and proof of insurance. Defendant told the

of icer that her license and insurance card were at home. Defendant provided her name, address, and

date of birth. A license check established that defendant’s driving privileges had been suspended.

The home address that defendant provided was about four blocks from the location of the stop.

Another officer arrived, and Hucker directed defendant to walk to the rear of her vehicle.

Hucker handcuffed defendant and told her that she was under arrest. Hucker led defendant to the

front of his squad car, performed a quick patdown with the back of his hand, and placed her in the

backseat of his squad car. Meanwhile, the other officer watched the teenage passenger, whom

Hucker believed to be defendant’s daughter or niece, and the small child. Defense counsel asked

Hucker whether the teenage passenger could have been 16, 17, 18, or 19 years old, and Hucker

answered “yes.” The two passengers were allowed to leave and “sent on [their] way,” but they

waited near the scene for someone to give them a ride.

Hucker concludedthat (1)defendant’sdrivingprivilegesweresuspended,(2) defendant could

not provide proof that the car was insured, and (3) “there was no other available immediate driver

to take the vehicle.” Based on his assessment of the scene, Hucker summoned a tow truck to

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