{"id":3065,"date":"2009-12-24T07:21:40","date_gmt":"2009-04-16T06:51:31","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-04-16T06:51:31","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3065","title":{"rendered":"IL: Telling defendant who was “window shopping” to remove his hands from his pockets was a seizure"},"content":{"rendered":"

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<\/a>. People v. Jackson<\/a>, 389 Ill. App. 3d 283, 329 Ill. Dec. 211, 906 N.E.2d 56 (2009).*<\/p>\n

“[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<\/a>, 2009 Ill. App. LEXIS 199 (January 8, 2009).*<\/p>\n

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<\/a>, 902 N.E.2d 1194 (Ill. App. February 11, 2009).*<\/p>\n

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

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<\/a>, 903 N.E.2d 1050 (Ind. App. 2009).*<\/p>\n

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<\/a>, 904 N.E.2d 259 (Ind. App. 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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