Defendant was convicted, after bench trial, of unlawful possession of a weapon by a felon and possession of cannabis with intent to deliver. Court erred in denying Defendant's motion to quash arrest and to suppress evidence. Testimony does not show that Defendant was acting suspiciously in any way that justified attempting to conduct a Terry investigatory stop. Defendant was not on the precise street where officer testified he believed the shots originated. Defendant was not acting suspiciously in any way while standing on his porch. Thus, Defendant’s flight into his home could not give rise to reasonable suspicion justifying stopping him either before or after his flight, and officer did not have probable cause to enter Defendant's home without a warrant or without an exception to the warrant requirement and arrest him. Subsequent search, which occurred only minutes after officer entered Defendant's home, was not justified. (GORDON and REYES, concurring.)
Illinois Appellate Court
Criminal Court
Motion to Suppress