Defendant was convicted, after jury trial, of home invasion and aggravated criminal sexual assault of 2 victims, and sentenced to a total of 72 years. Officers had reasonable suspicion to briefly detail Defendant, as there was an initial tip from a 911 call, there was temporal proximity between time of tip and his location, and he matched the caller's description and general location. Officers had a strong interest in solving the reported crimes, which had already occurred according to the tip, which interest outweighed the narrowly tailored intrusion. Defendant failed to sustain his burden of persuasion in showing that the police conduct was unreasonable. Defendant was not arrested by being handcuffed, and it was reasonable for officers to handcuff him for safety reason given that he was alleged to have committed 2 felonies possibly using force or threat of force.Defendant's arrest incident to the investigative alert was supported by probable cause, which developed independently of the arrest. Evidence (statement, DNA swab, and lineup identification) was sufficiently attenuated from any illegality. Court properly denied Defendant's motion to suppress. (COGHLAN, concurring; PUCINSKI, specially concurring.)
Illinois Appellate Court
Criminal Court
Motion to Suppress