Defendant was convicted of possession of a controlled substance. Officer, on bike patrol near CTA stop, heard someone yelling profanity, and then saw Defendant staring at him; Defendant spat in officer's direction. Officer then stopped and frisked Defendant, locating a plastic pill bottle which officer pulled from Defendant's pocket, and found that it contained drugs. Once it was obvious that pill bottle was not a weapon, further search was not authorized by Terry. Court erred in denying Defendant's motion to quash arrest and suppress evidence. Officers lacked a reasonable suspicion to conduct an investigatory stop or a lawful reason to frisk him. Officer lacked reasonable, articulable suspicion of criminal activity when he stopped Defendant. Officer testified that he did not witness Defendant commit any crime or reasonably believe he was about to commit a crime, and did not see any object protruding from Defendant's pockets or any bulges in his clothing consistent with a weapon. (GRIFFIN and HYMAN, concurring; HYMAN, specially concurring.)
Illinois Appellate Court
Criminal Court
Search & Seizure