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Criminal Law

: Fourth Amendment

IL: Three Terry cases

By John Wesley Hall, Jr.

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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. People v. Jackson, 2009 Ill. App. LEXIS 158 (March 30, 2009).* Defendant'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's argument that defendant was subjected to a parole stop was waived for not presenting that argument to the trial court. People v. Vasquez, 2009 Ill. App. LEXIS 171 (February 11, 2009).* Reasonable suspicion defendant was involved in a gang shooting justified a Long protective frisk of the car defendant was riding in...continue to full post

Full post as published by Fourth Amendment on April 10, 2009 (boomark / email).

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