In re Kendale H.
3 N.E.3d 419
Ill. App. Ct.2014Background
- On Oct. 1, 2011, Chicago officers in a marked car observed three males; one (respondent Kendale H., then 17) walked into a vacant lot and began to run after officers accelerated into the lot and pursued.
- Officer Mayes exited the vehicle, yelled for the minor to stop, chased him on foot, observed the minor reach into his waistband multiple times, then fired one shot, striking the minor in the abdomen; the minor fell and was arrested.
- During a custodial search after the shooting, officers recovered one shotgun shell from respondent’s clothing; the State charged only the ammunition-possession count after the trial court found no probable cause for other counts.
- Respondent moved to suppress the shell as the product of an unlawful seizure; at the suppression hearing the only live testimony ended with respondent running across the vacant lot (no testimony about the shooting); defense presented hospital trauma report later.
- The trial court granted suppression, finding the officers made an unjustified warrantless stop during the chase; the State appealed, arguing no seizure occurred while respondent was still fleeing and seeking review of the suppression order.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Kendale) | Held |
|---|---|---|---|
| Whether a Fourth Amendment seizure occurred during the vehicular/foot chase | No seizure occurred while the minor fled; only seizure would be if and when physical force was applied | Seizure occurred during the chase (defense argued the chase was a seizure) | Reversed trial court: no seizure occurred while respondent was still running (Hodari D. governs) |
| Whether the shotgun shell was the product of an unconstitutional seizure | State argued seizure issue not established at suppression hearing; sought opportunity to present evidence of shooting | Defense argued the shell was fruit of unlawful seizure and attached hospital report showing respondent was shot | Court remanded for suppressed- evidence hearing limited to allowing respondent to present evidence of the shooting and the State to respond |
| Timing of seizure analysis (when restraint occurred) | Seizure can occur when physical force or show of authority restrains liberty; State did not contest that a shooting would be a seizure but argued none occurred before the shot | Respondent contended he was seized when shot and earlier during chase | Court held respondent was not seized while fleeing, but was seized when shot (physical force); remand to develop facts about the shooting |
| Remedy/procedure on remand | State requested opportunity to present evidence about shooting and probable cause | Defense sought suppression ruling to stand | Court reversed suppression ruling that relied on seizure during flight and remanded for an expedited suppression hearing where shooting evidence may be introduced |
Key Cases Cited
- California v. Hodari D., 499 U.S. 621 (police commands do not constitute a seizure of a fleeing suspect absent physical force or submission)
- Florida v. Bostick, 501 U.S. 429 (definition of "seizure" and inquiry whether a reasonable person would feel free to leave)
- United States v. Mendenhall, 446 U.S. 544 (factors indicating a seizure: threatening presence of officers, display of a weapon, physical touching, language or tone indicating compliance compelled)
- Illinois v. Wardlow, 528 U.S. 119 (flight on observing police plus presence in high-crime area can supply reasonable suspicion for a Terry stop)
- People v. Luedemann, 222 Ill. 2d 530 (seizure includes restraint by physical force; applying force such as shooting effects a seizure)
- People v. Cosby, 231 Ill. 2d 262 (use of Mendenhall factors in Illinois seizure analysis)
- People v. Pitman, 211 Ill. 2d 502 (trial court’s legal ruling on suppression reviewed de novo)