People v. Sims

Officer, while responding to unrelated situation, saw Defendant, while sitting in front of a building, stuff unknown object into his crotch area. Officer recognized Defendant and knew he had arrest for unlawful use of a weapon, and stopped and searched Defendant based on his belief that his movement was indicative of someone who could be armed. Stop was not supported with sufficient reasonable suspicion that a crime had been or was about to be committed, and thus plastic bag of cocaine found during search should be suppressed. Officer did not see Defendant engage in illegal activity, and did not know outcome of Defendant's prior arrest for use of weapon. (NEVILLE and PUCINSKI, concurring.)