Defendant was convicted, after jury trial, of unlawful possession of methamphetamine. Someone had called to police to report a man in a blue sweatshirt, on a bicycle, who was yelling profanities and acting erratically, and shortly afterward, police located Defendant, who matched the description. Officer attempted to effectuate a Terry stop, but he fled. Officer was justified in trying to effectuate a Terry stop, as tip was reliable, and officer was attempting to investigate whether Defendant committed disorderly conduct. Defendant's act of fleeing, after repeated orders to stop, and combined with the tip, gave officer probable cause to arrest him for resisting a peace officer. A Terry stop is not justified only upon a reasonable suspicion of ongoing criminal activity, but instead of past, present, or pending criminal activity.(DeARMOND, concurring; CAVANAGH, specially concurring.)
Illinois Appellate Court
Criminal Court
Possession of a Controlled Substance