{"id":41557,"date":"2019-12-31T00:01:18","date_gmt":"2019-12-31T05:01:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41557"},"modified":"2019-12-31T18:31:26","modified_gmt":"2019-12-31T23:31:26","slug":"il-def-had-done-nothing-wrong-rs-could-not-be-based-on-reaching-for-pocket-when-officer-asked-for-dl","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41557","title":{"rendered":"IL: Def had done nothing wrong; RS could not be based on reaching for pocket when officer asked for DL"},"content":{"rendered":"<p>Defendant\u2019s patdown was not justified by reasonable suspicion because defendant was a random person at a gas pump, he answered the officer&#8217;s questions, did not try to flee, and reached for his pocket as the officer asked for his driver&#8217;s license [where else would it be?]. The officer&#8217;s alleged fear was not reasonable. The entire conversation prior to the patdown lasted only 15 seconds, defendant honestly admitted the possession of a gun, and the officer did not ask him if he possessed a concealed carry card prior to the frisk. Defendant was, however, a felon in possession. Reversed. <a href=\"http:\/\/www.illinoiscourts.gov\/Opinions\/AppellateCourt\/2019\/1stDistrict\/1171635.pdf\">People v. Flunder<\/a>, 2019 IL App (1st) 171635, 2019 Ill. App. LEXIS 998 (Dec. 26, 2019).<\/p>\n<p>Officer\u2019s mistake of law about vehicles hitting the center line wasn\u2019t reasonable because the statute wasn\u2019t ambiguous. Thus, the stop wasn\u2019t justified. <a href=\"http:\/\/www.courts.state.va.us\/opinions\/opncavwp\/0315191.pdf\">Jones v. Commonwealth<\/a>, 2019 Va. App. LEXIS 318 (Dec. 27, 2019).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s patdown was not justified by reasonable suspicion because defendant was a random person at a gas pump, he answered the officer&#8217;s questions, did not try to flee, and reached for his pocket as the officer asked for his driver&#8217;s &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=41557\">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":[35,63],"tags":[],"class_list":["post-41557","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41557","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=41557"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41557\/revisions"}],"predecessor-version":[{"id":41575,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41557\/revisions\/41575"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41557"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41557"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41557"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}