People v. Lozano

This case presents question as to whether trial court properly denied defendant’s motion to suppress car stereo, two screwdrivers and wallet belonging to third=party that was seized from defendant following Terry stop. Appellate Court, in affirming trial court, found that it was reasonable to stop defendant, where officer observed defendant running in rain with his hands in his pocket and with large bulge in his pants while defendant appeared to be attempting to enter abandoned building. Moreover, Appellate Court found that frisk of defendant was within bounds of Terry, where officer believed that defendant was carrying weapon, and that officer could properly remove car stereo from defendant as officer had probable cause to believe that it was contraband. Also, Appellate Court held that under plan error standard trial court could properly deny defendant’s motion to suppress incriminating statements that were uttered before any Miranda warnings had been given, where defendant was not in custody for Miranda purposes when officer questioned him about his possession of car stereo and wallet. (Dissent filed.)