People v. Shipp

Defendant was convicted of offenses of possession of cannabis, possession with intent to deliver controlled substance, unlawful possession of firearm by a felon and unlawful use of weapons. Defendant stated sufficient claim that his counsel on direct appeal was ineffective for failing to challenge denial of his motion to suppress. Trial court erred in failing to address validity of police officer's stop and attempted frisk and found that Defendant was resisting or obstructing police officer. No indication that officers were attempting to arrest Defendant when they reached out to pat him down for weapons, and nothing indicates that officers had valid reason to arrest him at that point. Stop was based on nothing other than Defendant's mere presence in the area, and by time of attempted frisk, 911 callers, who had reported a fight, had told police that Defendant was not involved in crime, but officers frisked Defendant, he fled, and officers obtained contraband only after they chased and tackled him. Discovery of contraband was so tainted by illegal stop that suppression was appropriate. (HUTCHINSON and HUDSON, concurring.)