People v. Jackson

Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2012 IL App (1st) 103300
Decision Date: 
Friday, October 26, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Holding: 
Affirmed; mittimus corrected.
Justice: 
R. GORDON
Defendant was convicted, after bench trial, of unlawful use of a weapon by a felon. Court properly denied Defendant's motion to suppress loaded handgun found in Defendant's backpack. Officer in marked squad car observed Defendant in Humboldt Park, which officer described as a high-violence high narcotics trafficking area, walking rapidly and constantly watching squad car. Officer's uncontradicted and undisputed testimony, which is accepted by trial court, is sufficient to support a court's finding that incident occurred in a high-crime area. Together with Defendant's bizarre behavior of flailing and nervous movements upon being stopped, officer had reasonable suspicion justifying search of backpack. (PALMER, concurring; GARCIA, dissenting.)