People v. Cherry

Defendant was convicted of unlawful use of a weapon by a felon. Because Defendant never submitted to officer's command to stop, that initial encounter does not rise to a level of constitutional magnitude. Thus, officer's lack of reasonable, articulable suspicion at that moment did not render his actions unconstitutional. Defendant was seized, for 4th amendment purposes, when officer tackled him.Defendant's flight was a strong indication of his guilty state of mind, and officer had reasonable suspicion required to pursue Defendant and continue his investigation. (O'BRIEN, concurring; WRIGHT, specially concurring.)