People v. Boswell

Defendant was convicted, after jury trial, of possession of a controlled substance. Officer's protective pat-down, made after observing what officer believed to be hand-to-hand narcotics transaction on street, was improper. It was insufficient for probable cause that area was known for narcotics activity, and that officer believed "drugs and guns go together". No officer observed any drugs in Defendant's possession, nor furtive movements, attempt to run, or bulges in clothing, and evidence does not support articulable suspicion that protective pat-down was necessary. (NEVILLE and PUCINSKI, concurring.)