{"id":43320,"date":"2020-04-04T03:49:39","date_gmt":"2020-04-04T08:49:39","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43320"},"modified":"2020-04-04T09:16:55","modified_gmt":"2020-04-04T14:16:55","slug":"il-pill-bottle-wasnt-a-weapon-and-removing-it-from-pocket-in-a-weapons-frisk-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=43320","title":{"rendered":"IL: Pill bottle wasn&#8217;t a weapon, and removing it from pocket in a weapons frisk was unreasonable"},"content":{"rendered":"\n<p>The officer stopped after he believed defendant shouted an obscenity at him. When the officer looked at defendant, he spit in the officer\u2019s direction. The patdown thereafter was without reasonable suspicion. The removal of a round cylindrical object from his pocket couldn\u2019t be a gun, and the pill bottle is suppressed. <a href=\"http:\/\/www.illinoiscourts.gov\/Opinions\/AppellateCourt\/2020\/1stDistrict\/1171814.pdf\">People v. White<\/a>, 2020 IL App (1st) 171814, 2020 Ill. App. LEXIS 221 (Mar. 31, 2020).<br \/><\/p>\n\n\n\n<p>Defendant consented to the police entry into his house where he was questioned. United States v. Dion, 2020 U.S. Dist. LEXIS 56149 (D. Me. Mar. 31, 2020).*<\/p>\n\n\n\n<p>Defendant\u2019s arrest at his home was with probable cause under the Fourth Amendment. There was no reason to apply the state constitution more expansively. <a href=\"http:\/\/www.illinoiscourts.gov\/Opinions\/AppellateCourt\/2020\/1stDistrict\/1180197.pdf\">People v. Bahena<\/a>, 2020 IL App (1st) 180197, 2020 Ill. App. LEXIS 215 (Mar. 31, 2020) (rejecting the state constitutional argument made by a different division).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer stopped after he believed defendant shouted an obscenity at him. When the officer looked at defendant, he spit in the officer\u2019s direction. The patdown thereafter was without reasonable suspicion. The removal of a round cylindrical object from his &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=43320\">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":[50,24,4],"tags":[],"class_list":["post-43320","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-consent","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43320","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=43320"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43320\/revisions"}],"predecessor-version":[{"id":43345,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43320\/revisions\/43345"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43320"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43320"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43320"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}