{"id":3051,"date":"2009-06-13T07:53:24","date_gmt":"2009-04-10T06:48:30","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-04-10T06:48:30","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3051","title":{"rendered":"IL: Three <em>Terry<\/em> cases"},"content":{"rendered":"<p>Defendant was approached on the street by a uniformed officer because the officer did not recognize the defendant and because of robberies in the neighborhood. He told the defendant to get his hands out of his pockets and a gun was dropped. The stop was invalid for lack of RS. <a href=\"http:\/\/www.state.il.us\/court\/Opinions\/AppellateCourt\/2009\/1stDistrict\/March\/1072244.pdf\">People v. Jackson<\/a>, 906 N.E.2d 56 (Ill. App. March 30, 2009).*<\/p>\n<p>Defendant&#8217;s stop was without reasonable suspicion. All the factors listed by the state were found by the trial court to be as consistent with innocent conduct as potential criminal conduct.  State&#8217;s argument that defendant was subjected to a parole stop was waived for not presenting that argument to the trial court. <a href=\"http:\/\/www.state.il.us\/court\/Opinions\/AppellateCourt\/2009\/1stDistrict\/February\/1070148.pdf\">People v. Vasquez<\/a>, 2009 Ill. App. LEXIS 171 (February 11, 2009).*<\/p>\n<p>Reasonable suspicion defendant was involved in a gang shooting justified a <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/getcase.pl?court=us&amp;vol=463&amp;invol=1032\">Long<\/a> protective frisk of the car defendant was riding in. [Standing issue did not need to be resolved.] <a href=\"http:\/\/www.state.il.us\/court\/Opinions\/AppellateCourt\/2009\/3rdDistrict\/February\/3070404.pdf\">People v. Johnson<\/a>, 2009 Ill. App. LEXIS 157 (January 8, 2009):<\/p>\n<blockquote><p>Thus, the 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 <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/getcase.pl?navby=case&amp;court=us&amp;vol=392&amp;page=1\">Terry<\/a> and Illinois law, a limited protective search of the passenger compartment of the vehicle for weapons is proper. See <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/getcase.pl?court=us&amp;vol=463&amp;invol=1032\">Long<\/a>, 463 U.S. at 1049, &#8230;.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3051\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-3051","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3051","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=3051"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3051\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3051"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3051"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3051"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}