Illinois Appellate Court
Criminal Court
Motions to Suppress
(Court opinion corrected 8/6/10.) Court properly granted motion to quash arrest and to suppress evidence. Circumstances of Terry stop did not engender sufficient reasonable suspicion of the danger of an attack to warrant frisk for weapons. Officers responded to telephone call report that Defendant had threatened, over the phone, to kill his ex-girlfriend. Officers were not conducting a "field interview" of Defendant, as they approached Defendant and immediately restrained him, without exchanging any word or other pleasantries. Encounter was not consensual, as handcuffing Defendant involved a significant degree of coercion and detention. Radio call as to Defendant was not sufficiently detailed to warrant a suspicion that Defendant posed a risk of attack, thus gun found in Defendant's sock was properly suppressed. Ammunition found in Defendant's car which officer was preparing to be towed because it was improperly parked in a handicapped space was properly suppressed, as it was not found pursuant to inventory search, and improper parking did not provide officers with probable cause to search vehicle. (FITZGERALD SMITH and HOWSE, concurring.)