People v. Brown

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (1st) 083158
Decision Date: 
March 13, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Justice: 
PIERCE
Holding: 
Affirmed in part and reversed in part.
Officers exceeded scope of a Terry stop by searching Defendant. Although a protective pat-down for weapons may be performed in a Terry stop, a general search may not; and immediate handcuffing of Defendant once in custody eliminated need to frisk him for safety. Thus search was improper, and court properly granted motion to quash arrest and suppress. Because doorknobs and remote control recovered in search were suppressed, State had no concrete evidence that Defendant committed burglary, and it would be essentially impossible for State to convict him of burglary beyond a reasonable doubt. (NEVILLE and HYMAN, concurring.)