In re Elijah W.

Illinois Appellate Court
Civil Court
Juvenile Delinquency and Protection Act
Citation
Case Number: 
2017 IL App (1st) 162648
Decision Date: 
Friday, March 10, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
DELORT

Respondent, a 13-year-old minor, was charged as a juvenile with 2 counts of possession of a controlled substance, based on illegal drugs which police officers confiscated from Respondent's person. A 13-year-old would not have believed he could have denied officer's 2 requests to "come here" and avoid police without raising further suspicion. Thus, Respondent did not consent to police encounter; but his violation of curfew ordinance made intrusion reasonable, given Respondent's young age and late hour.(HOFFMAN and CUNNINGHAM, concurring.)