In Re Kendale H.

Illinois Appellate Court
Civil Court
Search & Seizure
Citation
Case Number: 
2013 IL App (1st) 130421
Decision Date: 
Friday, December 27, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded with directions.
Justice: 
GORDON
(Court opinion corrected 1/8/14.) Seizure did not occur when police made vehicular chase of minor who began running away on foot in a vacant lot, after police started chasing him. Police discovered one shotgun shell on minor during search of minor’s clothing after police shot minor in abdomen during chase. Remanded so State may introduce, at suppression hearing, evidence on what led to shooting, as timing of seizure is critical. Minor was seized when police shot him in abdomen and fell to ground. (McBRIDE and PALMER, concurring.)