{"id":29535,"date":"2017-10-02T04:06:54","date_gmt":"2017-10-02T09:06:54","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=29535"},"modified":"2017-10-02T04:06:54","modified_gmt":"2017-10-02T09:06:54","slug":"il-stop-of-a-witness-to-a-homicide-led-to-rs-for-frisk","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=29535","title":{"rendered":"IL: Stop of a witness to a homicide led to RS for frisk"},"content":{"rendered":"<p>Defendant was seized as a witness to a homicide, not as a suspect. Once stopped, however, reasonable suspicion developed that he was in possession of a firearm, and a frisk was permitted. <a href=\"http:\/\/www.illinoiscourts.gov\/Opinions\/AppellateCourt\/2017\/1stDistrict\/1170406.pdf\">In re Tyreke H.<\/a>, 2017 IL App (1st) 170406, 2017 Ill. App. LEXIS 614 (Sept. 28, 2017).<\/p>\n<p>Just being seen committing a felony in the home, such as drug possession, is not an exigent circumstance for an entry; safety of someone must be at risk.  &#8220;[T]here is no precise formula since emergency circumstances will vary from case to case and the inherent necessities of each situation must be scrutinized.\u201d Here, a weapon was seen through the cracked door, and the officers were then concerned that defendant, with a history of violence who had just threatened to use it against a neighbor, could use it, and that was exigency enough. United States v. Carlton, 2015 U.S. Dist. LEXIS 190145 (E.D. Va. Sept. 25, 2015).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was seized as a witness to a homicide, not as a suspect. Once stopped, however, reasonable suspicion developed that he was in possession of a firearm, and a frisk was permitted. In re Tyreke H., 2017 IL App (1st) &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=29535\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35,4],"tags":[],"class_list":["post-29535","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29535","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=29535"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29535\/revisions"}],"predecessor-version":[{"id":29536,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29535\/revisions\/29536"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29535"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29535"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29535"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}