People v. Harris

Court properly granted motion to suppress weapon recovered by police at time of Defendant's arrest for aggravated unlawful use of a weapon (AUUW). Police were not justified in temporarily detaining Defendant, as State failed to establish the presence of any significant criminal activity in area of stop, although officer had testified that basis for stop was that area was known to be one of high burglaries and robberies. As officer did not provide speific and articulable facts justifying Terry stop, the protective search performed during stop lacked a sound constitutional basis.(FITZGERALD SMITH and HOWSE, concurring.)