IL: Telling defendant who was “window shopping” to remove his hands from his pockets was a seizure

The officer here approached the defendant who was “window shopping” and told him three times to remove his hands from his pockets, and, when he did, a gun fell to the ground. The defendant was commanded to comply, so it was a seizure under Mendenhall. People v. Jackson, 389 Ill. App. 3d 283, 329 Ill. Dec. 211, 906 N.E.2d 56 (2009).*

“[T]he narrow question before this court is whether a police officer, who has reasonable suspicion to believe that an individual was involved in a shooting that has just occurred, may conduct a limited protective search of the passenger compartment of a vehicle that the officer has just seen the individual get out of. We find that under those circumstances, consistent with Terry and Illinois law, a limited protective search of the passenger compartment of the vehicle for weapons is proper.” People v. Johnson, 2009 Ill. App. LEXIS 199 (January 8, 2009).*

The state did not rely in the trial court on defendant being on parole and the search being justified as a parole search, so it could not rely on it on appeal. The stop and search was without justification. People v. Vasquez, 902 N.E.2d 1194 (Ill. App. February 11, 2009).*

There was probable cause for defendant’s arrest when he gave an inculpatory statement. People v. Jackson, 391 Ill. App. 3d 11, 908 N.E.2d 72, 330 Ill. Dec. 220 (2009).*

Defendant’s consent was valid. The consent form had the wrong street name but right number, and this was a mere scrivener’s error because it was clear she was consenting to a search of her own apartment, not somebody else’s. Beattie v. State, 903 N.E.2d 1050 (Ind. App. 2009).*

During a traffic stop, the officer asked the defendant if he would talk to a detective about another matter. He agreed, and he was handcuffed and transported. That was without justification and violated the Fourth Amendment and the state constitution. Taylor v. State, 904 N.E.2d 259 (Ind. App. 2009).*