can I get your can you like lean back for me yeah you want we moved on the answer I'm I'm afraid that you will hold that against me if I'm not anything against you location Peoria Illinois incident welfare check and DUI investigation involving an elected public official subject Matthew Wigginton mayor of a neighboring municipality found in the driver's seat of a parked vehicle showing signs of significant impairment responding agency Peoria Police Department and Peoria Fire Department date undisclosed in footage sir yeah you want to have it can I get your can you like lean back for me yeah you want I want to talk to him Sophie he's Sophie person is right here the driver's driver's license I sent you a driver's license Mr Mayor Wagginton is it hi how are you how you doing do you remember me yeah John Harris good to see you can you sit back for me please yeah what's going on tonight man these people are talking to the driver's license okay where did you come from Dan Pelfrey okay can you uh do you have your driver's license yeah can I have it please driving right now if you are well you're in a vehicle okay not with a driver's license in the vehicle okay I know but you're in a vehicle and I want to make sure that you're okay I obviously I know who you are can you just work with me okay what's that I don't need your I don't need your debit card okay I don't need your no okay the fire department's gonna check you out okay I know buddy no miracles keep her on swing looks good then why not get this get this plus back sale name's um Matthew Wigginton who Wigginton you are do you know who he is it's like the mayor or something mayor for yards he's an important person let's put it hey where you going how you doing good how are you doing good where are we right now you tell me where are we right now hey do me a favor to what do you need from me I need you to take your hands out your pocket to begin with OK now you asked me where we are and I told you to tell me so where are we I'm asking you what do you need from me from right now officer tell me where you're at officer what do you need from me right now I need you to tell me where you're at I'm asking you what do you need from me I just told you twice officer I'm asking you what you need from me so you need to hang tight that's all we need perfect can you tell me where you're at okay noted that great take your blood sugar what do you need some more your blood sugar you need something we Matt we just want to take some more to take your blood pressure or take your pressure we just want to make sure nothing's wrong with you I don't want to call say that you're passing out in the car you need some water you just need to take your pills can we take it what's the problem are you reporting Curry department Curry department may I speak to your uh Curry Heights department you're not in Curry Heights Curry what department do I need to speak to you're talking to him right now you're in the city of Peoria you're talking to the city of Peoria Police and Fire Department it's time to uh try to peacock us and it's not a smart thing to do right now trying to do trying to peacock I don't know they're just trying to get his blood sugar and he's all like who are you are you talking to me this man can we please I listen I I'm trying to work with you Josh what are you looking for what am I looking for you want to you want to seriously want to know what's going on right now you are severely intoxicated Mister Mayor you can drive I drive around you are in the driver's seat of the vehicle with the keys which constitute and push it away this constitutes whatever you need to figure that out we need to get through their questions so we can get out that way I can make sure that you're safe to drive I'm not I'm not driving why else would you be in your room to and just me into the phone call just hear what I'm saying all personal OK I know you you know me do not take this alright don't get back in there there you go I'll do it say it again yes I wear your keys out Miss Mark they're not on me where are they they're not on my vehicle they're not in the vehicle they're not on my person okay where are they do you want to search them no I just don't know where your keys are that's all they're not my person okay step that way for me Mister Mayor did we grab his keys already no Mister Mayor are the keys under your person do you have them in your pockets are you representing the police fire department or the police department where the police department sir where the police department were you able to locate them on the police department no are the keys on you are they on your person can you just search me if we can look for the keys yes sir I got them okay alright OK the fire department's gonna talk to you Mister Mayor we're gonna ask you a bunch of questions OK some medical related questions I need you to just talk with them OK once we're done with that we'll get on to the next step Alrighty are you done with the police department okay hey just talk to the fire department right behind you sir they got some questions they need you to answer okay so my buddy here is gonna ask you some questions can you answer those questions for him all right thank you are you done with the police department right now we are yes you know what time it is right now you asked me John Brown 42 main street Florida I know and you answered that you asked me John Brown 42 main street Florida do you know what time it is you asked me John Brown 42 main street New York Matha we moved on you answered it I'm a I'm afraid that you will hold that against me if I do not anything against you John Brown 42 main street great OK perfect about what time it is can I check your watch without checking your watch without checking your watch no I don't know what time it is I know that you told me John Brown 42 main street you are you did yeah you got it you saw a fight alright can you come back I'm John Brown from the Main Street Barry no 20 to 1 I'm just 20 to 1 count backwards twenty 1980s 17 16 23 14 13 12 11 10 9 23 6 that's 23 5 4 can I talk to you privately 2 1 I think we're making all this more than it is either treat them like everybody else or we move on that's how they we just treat them like normal yeah so half half the time we don't do Duis and sometimes we do so it's like decide which one you're doing he's parked in a parking lot didn't crash into nobody didn't kill nobody didn't damage anything treat him like you would anybody else I would probably just give him a ride and get him on his way whether he says mayor on his license plate or not you know what I mean you know how many regular old people I've done that for 100 yeah then but I mean is it is it violation yeah so it's all all what it is doesn't matter to me get away get away but I think you shouldn't care about his title that's what bothers me right now you either gonna do it or not none of that rest of it matters I don't know what the hell you're talking about no I don't care either no you are deep no yeah I don't give a fuck so I walked out of work call the park over here 500 issue I five hundred actual physical control 625 ICS 5 1 1 to 501 Illinois DUI law prohibits not only driving while impaired but also being in actual physical control of a vehicle under the same statute three elements must be established 1 the subject was intoxicated 2 the subject was inside the vehicle 3 the subject had access to the means of operating it specifically the ignition keys in people v Schneider Ill app 1,990 the court confirmed that occupying the driver's seat of a parked vehicle while intoxicated with keys accessible satisfies the actual physical control doctrine without any observed movement of the vehicle application keys located on the subject's person subject seated in the driver's seat elements 2 and 3 are facially satisfied the subject's inconsistent statements regarding key location constitute independent evidence of cognitive impairment material to Element 1 so issue 2 Warrantless Arrest Authority 725 ILCS 5 1 0 7 to 2 officers may arrest without a warrant where reasonable grounds exist that a person is committing a misdemeanor in their presence Illinois DUI Class a misdemeanor first offense observable signs of impairment plus physical control of a vehicle established the requisite threshold initial approach was authorized under the Community Caretaking Doctrine Katie versus Dombrowski 413 U s 4 3 3 1 9 7 3 once impairment became apparent the detention converted to an investigatory stop independently justified under Terry v Ohio 392 U s 1 1 9 6 8 the direction of the source of the alley they hung up on us called the neighbor nothing I'm in the area I'm in the area I don't know that's something I don't even do the taxpayer pay for this one no don't even issue I e I I I I I Implied Consent 625 ICS 5 1 1 to 501.2 any person in actual physical control of a vehicle in Illinois is deemed to have consented to chemical testing failure to administer standardized field sobriety tests per Nizza protocols horizontal gaze nystagmus walk and turn one leg stand or failure to invoke implied consent and conduct a chemical test raises an independent equal Protection concern if applied selectively isuiv equal Protection u S const amend the 14th the Equal Protection Clause prohibits law enforcement from applying the criminal law differently based on a subject's identity or political status under United States v Armstrong 517 US 4 5 6 1 9 9 6 a selective enforcement claim requires proof of both discriminatory effect and discriminatory intent the on camera deliberation officers openly debating whether the subject's mayoral title warranted different treatment constitutes direct evidence of the intent prong under village of Willowbrook v Olek 528 US 5 6 2 2 0 0 0 differential treatment of similarly situated persons without rational basis constitutes a 14th amendment violation actionable under 42 USC section 1,983 by a few verse he's parked in a parking lot lesson 1 actual physical control is an affirmative standard presence in the driver's seat with key access is legally sufficient no driving need be observed lesson 2 implied consent obligations attach at the moment of actual physical control not at the point of formal arrest or booking lesson 3 equal Protection is not a discretionary standard an officer's knowledge of a subject's political title is legally irrelevant to enforcement it's act of consideration even when ultimately rejected creates a documented constitutional vulnerability for the department and individual officers departments must codify equal enforcement as mandatory policy not leave it to real time debate on scene deliberation captured on body cam is discoverable evidence