Defendants were each charged with one count of unlawful possession of a controlled substance and one count of unlawful possession of a hypodermic needle. Record lacks factors indicative of a seizure rather than a consensual encounter. Although officer testified that Defendants were not free to leave because he was conducting investigation, this was never conveyed to Defendants. Each of the requests of officers were requests rather than orders. Police encounter with one Defendant was consensual all the way through officer's search of him, and he was not seized, for 4th Amendment purposes, until officer placed him in handcuffs. At that point, having found heroin on his person, officer had probable cause to arrest him. When Defendant told officer that the other Defendant "must have put it there", given totality of circumstance, officer had reasonable suspicion that other Defendant was involved in criminal activity. Thus court erred in granting Defendants' motions to suppress evidence. (CARTER and HOLDRIDGE, concurring.)
Illinois Appellate Court
Criminal Court
Search & Seizure