12/31/2025
Incident Summary – December 29, 2025
Milan Police Department Conduct Concern
On December 29, 2025, a vehicle occupied by a driver and passenger was stopped by a Milan Police Department officer for an alleged traffic violation of running a red light at the intersection of East First Street and First Avenue East.
At the time of the stop, the traffic signal was yellow as the vehicle entered the intersection and did not turn red until the vehicle was already directly beneath the traffic signal. The officer was positioned in the right-hand turn lane on East First Street, then turned left to follow the vehicle and initiated the stop on Fourth Street West.
When the officer approached the vehicle, the passenger questioned the reason for the stop and asked whether the incident was captured on dash camera. While the passenger’s tone reflected frustration and attitude, the passenger did not yell, make threats, or interfere physically with the stop.
The officer did not address the question and instead responded by stating, “I’m talking to the driver,” in a dismissive and confrontational manner. The officer further warned the driver that if the passenger continued speaking, the driver would receive a citation.
Despite the passenger’s attitude, the interaction escalated unnecessarily. The use of a threatened citation to silence a passenger — who was not obstructing or disobeying lawful commands — was unprofessional and inappropriate.
It is also relevant that the passenger is personally known by officers within the Milan Police Department, which raises concerns regarding potential bias or preconceived treatment during the stop.
No citation or warning was ultimately issued, which further calls into question the legitimacy of the traffic stop itself.
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Applicable Illinois Statute
625 ILCS 5/11-306 – Traffic Control Signal Legend
Illinois law provides that a steady yellow signal is a warning that the red signal is imminent. Drivers are expected to stop if it can be done safely; however, a vehicle that has already entered the intersection before the signal turns red is permitted to proceed. Violations typically involve entering the intersection after the signal has turned red, not clearing it while the light is yellow.
Based on this statute, the alleged violation does not appear to be supported.
Freedom of Speech Consideration
The passenger’s verbal expression during the traffic stop, even if delivered with attitude or frustration, constitutes protected speech under the First Amendment so long as it does not involve threats, incitement, or physical interference with an officer’s lawful duties.
Courts have consistently held that citizens may verbally question, criticize, or express disagreement with law enforcement, including during traffic stops. While officers may direct occupants to comply with lawful commands related to safety and identification, speech alone — including argumentative or disrespectful speech — does not constitute a violation.
In this incident, the passenger’s comments did not obstruct the stop, interfere with officer safety, or prevent the officer from performing lawful duties. Threatening a citation to silence speech, rather than to address unlawful conduct, raises concerns of retaliatory enforcement and suppression of protected expression.
Acknowledging that the passenger had an attitude does not negate constitutional protections. Attitude is not illegal, and the escalation of the encounter based on speech rather than behavior was inappropriate.
