People v. Maxfield

Illinois Appellate Court
Criminal Court
Terry Stop
Citation
Case Number: 
2023 IL App (1st) 151965-B
Decision Date: 
Friday, September 15, 2023
District: 
1st Dist.
Division/County: 
6th Div./Cook Co.
Holding: 
Reversed in part and vacated in part, remanded.
Justice: 
HYMAN

Defendant appealed from the trial court’s denial of his motion to quash arrest. The appellate court reversed in part and vacated in part, finding that the officers did not have a reasonable suspicion that defendant was involved in criminal activity under Terry and its progeny because his presence in an area where the crime took place was not, on its own, sufficient to justify a stop. The appellate court further held that evidence obtained during the unreasonable search and seizure must be suppressed. (PUCINSKI, concurring and COGHLAN, specially concurring)