{"id":1767,"date":"2008-12-23T17:56:10","date_gmt":"2008-02-09T09:08:24","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-02-09T09:08:24","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1767","title":{"rendered":"IL parolees are in the same position as CA’s in Samson<\/em>; anonymous tip supported search"},"content":{"rendered":"

Illinois holds that its parolees are in the same position as California’s in Samson<\/em><\/a>. Here, police received an anonymous unsupported tip that appellant was in possession, so they conducted a search. Trial court suppressed, but the court of appeals reversed (People v. Wilson<\/em>, 364 Ill. App. 3d 762, 301 Ill. Dec. 743, 847 N.E.2d 753 (1st Dist. 2006). The Illinois Supreme Court reversed and affirmed the trial court. People v. Wilson<\/a>, 228 Ill. 2d 35 (2008).<\/p>\n

Pulling a gun on the defendant is a detention subject to constitutional safeguards. “Defendant was detained when Agent Ballou drew his gun, asked him whether he was carrying any weapons, and caused him to submit to the officers’ display of authority.” State v. Gutierrez<\/a>, 2008 NMCA 15, 143 N.M. 522, 177 P.3d 1096 (2007), certiorari granted, 176 P.3d 1130 (N.M. 2008). The court added that nervousness and stepping back might support reasonable suspicion [but, pray tell, who would not be nervous with a .40 S&W pointed at their chest?], but here it did not:<\/p>\n

[*21] Viewing all of the foregoing facts and circumstances collectively and in the light most favorable to the State, see State v. Graham<\/em>, 2005 NMSC 4, P 13, 137 N.M. 197, 109 P.3d 285, Defendant displayed nothing more than a nervous and possibly furtive demeanor before he was detained. We conclude that his actions were not enough to create reasonable suspicion to detain him, particularly in light of Agent Edmondson’s acknowledgment that he had no objective reason to believe that Defendant was either engaged in criminal activity or concealing a firearm. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1767","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1767","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1767"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1767\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1767"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1767"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1767"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}