Illinois Appellate Court
Criminal Court
Fourth Amendment
A person is not seized, for purposes of fourth amendment, when person is sitting in a stationary vehicle on a public street or alley, and two officers approach the vehicle on foot, with one officer walking toward driver's side and one toward passenger's side, and ask to view the person's driver's license and when there was no evidence that the officers drew their guns, used a commanding tone of voice, or used their vehicle or bodies to block the vehicle from exiting. That two officers approached vehicle on foot from opposite sides does not transform an encounter into a seizure, if no evidence that officers were boxing in the vehicle. (REYES, concurring; HALL, dissenting.)