People v. Williams

Illinois Appellate Court
Criminal Court
Search & Seizure
Citation
Case Number: 
2016 IL App (1st) 132615
Decision Date: 
Friday, August 19, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed.
Justice: 
GORDON

Defendant was convicted, after jury trial, of possession of a controlled substance iwht intent to deliver and sentenced to 3 years probation. Police seized Defendant without reasonable suspicion, and thus court erred when it denied Defendant's motion to quash arrest and suppress evidence. Evidence shows that investigator immediately seized Defendant when he arrived at the scene, and admitted that Defendant was not committing a crime, and at that moment defendant was not free to leave. Defendant's compliance with investigator's requests to stop, return to the vehicle, and answer officer's questions was required.Officer's language or tone of voice compelled Defendant's compliance. As officers lacked reasonable suspicion that Defendant was committing a crime, seizure was illegal.(REYES and LAMPKIN, concurring.)