[music] >> In the early morning hours of April 17th, 2026, officers with the Peoria Police Department were dispatched to the parking deck of the Hotel Pere Marquette in downtown Peoria, Illinois following a report of an individual asleep in a parked vehicle. Upon arrival, officers found Matthew Wigginton, the mayor of the nearby village of Peoria Heights, slumped over the steering wheel of his SUV, which was parked on the third floor of the deck with the engine off. Mayor Wigginton had attended the annual Peoria Gridiron Dinner at the hotel earlier that evening and appeared to be resting his head on the steering wheel when the officers arrived. Officers summoned the Peoria Fire Department to evaluate his condition, and the interaction that followed was captured on the officers' body cameras. >> One there, please, at Charles over Victor. >> All right. Thank you. Thank you. All right. Give me Charles over four. >> I'm in the car. >> Sir. >> Yeah, you want to talk with the gentleman over there. >> Can I get your drive Can you like lean back for me? >> Yeah, you want to want to talk to him. Sophie. >> It's Sophie. >> Where's the Right here the driver's driver's license I think you have a driver's license. >> Mr. Mayor Wigginton. >> Is that >> Hi. How are you? >> How you doing? >> You remember me? >> Yeah. >> John Harris. Hey, 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'd 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 want. Well, you're in a vehicle, okay? >> Not with a driver's license in the vehicle? >> Okay. And then but you're in a vehicle. I don't 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 going to check you out, okay? I know, buddy. No matches. Keep your arms swinging. What is this? >> Then my right >> Yeah, peace. Yeah, this What's that say? Oh. Name's um Matthew Wigington. >> Wigington? >> Wigington. >> You all right? >> Do you have any issues? >> Looks like the mayor or something. >> Mayor of Portland. He's an important person. Let's put it that >> How are you doing? >> How are 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, too. >> What do you need for me? >> I need you to take your hands out of your pockets to begin with. Okay? 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 for me for me right now, officer? >> Tell me where you're at. >> Officer, what do you need for me right now? >> I need you to tell me where you're at. >> I'm asking you, what do you need for me? >> I just told you twice. >> Officer, I'm asking you what you need for me. >> So, I need you to hang tight. That's what we need. >> Perfect. >> Can you tell me where you're at? Okay. Noted. >> All right. We need to take your blood sugar. >> What do you need from me? >> Your blood sugar. >> You need something? >> We We We just want to take some more. >> Can we take your blood pressure real quick? >> Blood pressure? We're just going to measure The one calls in and you just >> That's on the car. >> You need something? >> You You just need to take your blood. Can we take it? >> What What department am I calling today? >> Fire department. >> Peoria Department. Peoria Department. May I speak to your uh Peoria Heights Department? >> You're not in Peoria Heights. >> What department do I need to speak to? >> You're talking to them right now. You're in the city of Peoria and you're talking to city of Peoria police and fire department. He's trying to uh try to peacock us and Not a smart thing to do right now. >> Trying to do what? Trying to peacock us? >> I don't know, really. >> Why? >> I don't know. We're just trying to get his blood sugar and he's all like Who are you? Are you talking to me? >> So, what is Peoria? Mr. Mayor. Can we please I don't I I'm trying to work with you, Mr. Mayor. Josh, do you want to take 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 so Peoria Heights, Mr. Mayor. You can not drive a car. >> Not driving a car. >> You were in the driver's seat of this vehicle with the keys, which constitutes and plus that like this constitutes a Whatever. You need something to eat or something? We need to get through their questions so we can eat you up. That way I can make sure that you're safe to drive home. >> I'm not I'm not driving anywhere, all right? >> Why else would you be in the driver's seat? >> The officers questioned Mayor Wigginton about why he would be sitting in the driver's seat of his vehicle if he was not planning on driving home. Section 11-501 of Act 5 of Chapter 625 of the Illinois Compiled Statutes prohibits driving or being in {quote} {unquote} actual physical control of a vehicle while under the influence of alcohol. In the 1990 case of People v. Davis, the First District Appellate Court of Illinois held that an individual need not drive to be in actual physical control of a vehicle and that the individual's intent to put the car in motion is irrelevant to the determination. The Supreme Court of Illinois expanded on this doctrine in the 1997 case of City of Naperville v. Watson, holding that actual physical control is determined on a case-by-case basis, giving consideration to factors such as whether the motorist is positioned in the driver's seat of the vehicle, has possession of the ignition key, and has the physical capability of starting the engine and moving the vehicle. Now, the defendant in the Watson case was found asleep in his parked vehicle and argued that he had no intention of driving and was merely using the vehicle as stationary shelter while he slept off the effects of the alcohol that he had consumed. However, the court declined to adopt such an exception, reasoning that the legislature's use of the broad unqualified phrase actual physical control reflected a legislative public policy of encouraging those who plan to drink at a party or tavern to arrange lodging or safe transportation home before they set out, rather than {quote} {unquote} sleep it off in their vehicles. Here, Mayor Wigington was alone in the driver's seat of a push-to-start vehicle with the key fob on his person, meaning that he had the immediate physical capability of starting the engine. And although the vehicle was parked with the engine off, and there was no indication that he drove or attempted to drive, a court would likely conclude that these circumstances were sufficient to establish actual physical control under Illinois law. >> May I answer your question, Mr. Mayor? Our personal Okay. I know you You know me, too. not have to do this. >> There we go. All right, good. There they are. >> Where are your keys at, Mr. Mayor? >> Here. They're not on me. >> Where are they? >> They're not on my vehicle. >> And they're not in the vehicle? >> They're not on my person. >> Okay. Where are they? >> Do you want to search me? >> No, I just want to know where your keys are. That's all. >> They're not on my person. >> Okay. Step that way for me, Mr. Mayor. >> All right. >> Did we grab his keys already? >> No. >> Mr. Mayor, are the keys on your person? Do you have them in your pockets? >> How do you represent the police fire department or the police department? >> We're the police department, sir. >> We're the police department. >> Were you able to locate them on the police department? >> No. Are the keys on you? Are they on your person? >> just search me. >> If we can look for the keys, yes, sir. >> After Mayor Wigington cannot tell the officers the location of his keys, one of the officers looks through the vehicle in an attempt to find them. When the officer does not find the keys, the officers search Mayor Wigington after he appears to provide non-verbal consent for them to do so, and they find the key fob on his person. The search of the vehicle implicates the so-called automobile exception to the Fourth Amendment's warrant requirement established by the Supreme Court in the 1925 case of Carroll v. United States. The exception authorizes officers to search a vehicle without a warrant when they have probable cause to believe that it contains evidence of a crime. Now, by this point in the encounter, the officers had found Mayor Wigington asleep in the driver's seat. They had detected the odor of alcohol and had observed his slurred speech and disorientation. Accordingly, a court would likely conclude that the officers had probable cause to believe that the vehicle contained evidence relevant to a DUI offense, rendering the vehicle search lawful. Now, as for the search of Mayor Wigington himself, the Fourth Amendment generally prohibits warrantless searches absent a recognized exception, and consent is one such exception. As the Supreme Court determined in the 1973 case of Schnekcloth v. Bustamonte, consent is valid where it is freely and voluntarily given under the totality of the surrounding circumstances. Here, Mayor Wigington affirmatively invited the officers to search him on two separate occasions and made a hand gesture that appeared to indicate his consent to being searched. However, his intoxication would also be considered in the analysis, as his impairment would be a factor that a court would weigh in assessing whether the consent was knowing and voluntary. >> It's simple as >> I got him. >> Okay. All right. >> Okay, the fire department's going to talk to you, Mr. Mayor. They're going to ask you a bunch of questions, okay? Some medical-related questions. I need you to just talk with him, okay? Once we're done with that, we'll get on to the next guy. All righty? >> Are you done with the police department? >> Okay. >> Okay, 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 going to ask you some questions. Can you answer those questions for him? >> Yes. >> All right, thank you. >> Are you done with the police department? >> Right now we are, yes. >> Do you know what time it is right now? >> You asked me, John Brown, 42 Main Street, Peoria. >> I know. >> Can you answer that? >> No, I You asked me, John Brown, 42 Main Street, Peoria. >> Do you know what time it is? >> You asked me, John Brown, 42 Main Street, Peoria. >> Answer it. >> What time is it now? >> You answer it. >> I'm I'm afraid that you will hold that against me if I do not. >> It's against you. >> John Brown, 42 Main Street, Peoria. >> Great. Okay, perfect. >> About what time is it? Without checking your watch. Without checking your watch. No, no what time it is. I know that you told me, John Brown, 42 Main Street, Peoria. >> You did. Yeah, you got it. >> You saw a fight. >> All right, can you just back up? >> And John Brown, 42 Main Street, Peoria. >> No, 20 to one. I'm just 20 to one. Count backwards. >> 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 >> I think we're making it all this more than it is you treat him like everybody else or we move on. >> Yes, I agree. We just treat him like normal. >> Yes, so half of half of the time we don't do DUIs and sometimes we do. So, it's like you have to 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, give him a ride his way whether it is 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? >> You didn't cut out the >> 100? Yeah. >> I'm just saying if we were >> And then but I mean, is it is it a violation? Yeah. So, it's all it's all what it is. Doesn't matter either way. Either way, but I think you shouldn't care about his title. That's what bothers me right now. You're either going to do it or you're not. None of that rest of it matters. >> I don't really have a choice. >> No, I don't care either. >> No, you already did. >> No. Yeah, I don't give a damn. >> So, I walked out the door. Call the fire department. >> direction >> That's South Harrison. >> 452 >> 207 >> Yeah, they have a short to the alley. They hung up on us. I called the night neighbor. Nothing. Be in the area. >> I'm nice to >> Be in the area. >> I don't know. That's the same thing. I mean, I'm being polite. >> Do the taxpayer pay for this? >> Following the on-scene evaluation, Mayor Wiginton was transported to Carle Health Methodist Hospital after he was unable to answer the medics' orientation questions. He declined to provide blood or urine samples, his SUV was impounded, and he was booked into the Peoria County Jail at approximately 8:10 a.m. and then released a few hours later on a notice to appear. Mayor Wigginton was charged with one count of driving under the influence of alcohol, a Class A misdemeanor. Mayor Wigginton pleaded not guilty, and the case proceeded to a jury trial on July 20th, 2026. The prosecution called several witnesses, including all officers who testified that Mayor Wigginton smelled of alcohol, had slurred speech, and showed signs of an altered mental state. In closing arguments, Assistant State's Attorney Hannah Kong argued that Mayor Wigginton had the physical ability to start the car, while defense attorney Kevin Sullivan argued that Mayor Wigginton never drove the vehicle and was using it as shelter. After deliberating for approximately 30 minutes, the jury found Mayor Wigginton not guilty. Overall, the Peoria police officers get an A- minus for responding appropriately to a welfare call and prioritizing Mayor Wigginton's medical needs before any enforcement action, for establishing a legally sound basis for the arrest, and for maintaining a patient and professional demeanor with a visibly confused and heavily impaired individual throughout the encounter. The officers were dispatched to check on an unresponsive individual slumped over a steering wheel in the middle of the night, and their initial priority appeared to be the mayor's well-being as they summoned fire personnel, facilitated a blood sugar check and cognitive assessment, and arranged hospital transport before he was ever booked. Additionally, the arrest itself rested on solid legal footing because under the principles that are governing actual physical control, an intoxicated individual seated in the driver's seat with the key fob on his body and the immediate ability to start the vehicle, that satisfies the standard even if the vehicle never moves. An arrest requires only probable cause rather than proof beyond a reasonable doubt, meaning that the jury's eventual acquittal does not retroactively undermine the lawfulness of the officers decision. The officers also remained composed and courteous in the face of Mayor Whittington's obvious intoxicated state, calmly repeating their questions and requests. And they discussed amongst themselves at length and on camera the importance of handling the situation the same way that they would for any other citizen. Their ultimate course of action reflected that commitment in both directions. As Mayor Whittington received neither a courtesy pass nor any indication of targeted enforcement based on his public office. The only meaningful critique is one of discretion rather than legality. As the officers own on camera conversation acknowledge that a courtesy ride is a common resolution for an intoxicated individual resting in a parked non-running vehicle. And while the decision to arrest was entirely within their lawful authority, the availability of that less punitive alternative is worth noting. Now, as for Mayor Whittington, I cannot rightly assign a grade for his actions in this interaction. The footage makes clear that he was significantly impaired throughout the encounter. And evaluating the conduct of an individual in that condition against the standards that we typically apply, they would serve little purpose. As his statements and behavior, they cannot fairly be categorized as deliberate exercises or waivers of his rights. What can be said is that Mayor Whittington did not drive. He was found asleep in a parked vehicle with the engine off. No evidence was presented at any stage of the case that he drove or attempted to drive while impaired. And the choice to remain stationary rather than take to the road is precisely the decision that impaired individuals should make. At the same time, Illinois law permitted his arrest and prosecution under the actual physical control doctrine. And the safer and more legally sound course of action for any individual in his position is to arrange transportation or to rest somewhere other than the driver's seat with the keys in their pocket. That being said, a jury ultimately acquitted Mayor Whittington. And it will be up to the voters of Peoria Heights to decide what weight, if any, this incident carries going forward. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching and don't forget to check out Audit the Court if you're interested in exploring the legal nuance beyond the body cam. >> [music]