People v. Hyland

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2012 IL App (1st) 110966
Decision Date: 
November 21, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,3rd Div.
Justice: 
STERBA
Holding: 
Reversed.
Defendant was convicted, after jury trial, of one count unlawful use of a weapon by a felon and one count of unlawful possession of a firearm by a street gang member. State presented evidence that arresting officers relied on investigative alert of violation of protective order as basis for taking defendant from his barber shop where he was working into custody and performing a custodial search. State presented no evidence that underlying facts of investigative alert established probable cause to arrest defendant. Flight alone, even in high-crime area, is insufficient to establish probable cause. Officers did not have probable cause to arrest or frisk Defendant, and thus court erred in denying motion to suppress and quash arrest. Offenses charged cannot stand without existence of a weapon; thus, convictions reversed and not remanded. (SALONE and NEVILLE, specially concurring.)