People v. Fox

Defendant was convicted of burglary, retail theft, and criminal damage to property. Officer observed two persons, in a residential neighborhood matching descriptions of suspects in burglary of smoke shop a block away, and ordered them to stop. As no specific information existed at time of stop that Defendant was then armed and dangerous, search violated Defendant's Fourth Amendment rights. Although risk of flight must further justify the initial stop, it does not justify the search, as no relationship exists between flight and possibility of being armed. Court erred in admitting evidence obtained from improper search. (ZENOFF and JORGENSEN, concurring.)