People v. Baker

Defendant was convicted, after jury trial, of aggravated robbery. Officer, responding to a report of a robbery at a store, where the suspect reportedly fled down an alley,saw Defendant, who matched the suspect's general description. Officer handcuffed and searched Defendant but found no weapons; he found cigarettes in his pocket and gloves sticking out of his sweatshirt. Court denied motion to suppress, finding that officer had reasonable suspicion to conduct a Terry stop and frisk. Court found that officers exceeded the scope of a Terry frisk when they recovered the cigarettes, but found that the cigarettes and any money found on Defendant would inevitably have been discovered. Officer, after watching store's surveillance video which showed that robber's clothing matched Defendant's clothing. Officer then had probable cause to arrest Defendant, and a search incident to arrest would have uncovered the cigarettes and money. (HUTCHINSON and JORGENSEN, concurring.)