2020 IL App (3d) 170622
Ill. App. Ct.2021Background
- Police received a tip reporting a white Corsica with one or two Black males brandishing a large firearm; tip included vehicle description and license plate. Officers located the unoccupied car and ran the plate to obtain the registered-owner photo.
- ~15 minutes later two–three men (including defendant, the registered owner) approached, briefly entered the vehicle, then walked away.
- Officer Kilgore observed defendant holding his waistband after exiting the car; in a high‑crime area Kilgore activated lights and ordered the group to stop intending a Terry stop.
- Defendant backed up, said something (possibly “yes”), then fled; Kilgore tackled him within about 10 feet and felt/retrieved a .45 in defendant’s waistband.
- Circuit court denied defendant’s motion to suppress; defendant later sought to proceed pro se but withdrew that request; after a stipulated bench trial defendant was convicted and sentenced to 4½ years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable, articulable suspicion to effect a Terry stop at the moment they ordered the group to stop | Tip corroboration (vehicle, location), plus defendant holding waistband, justified stop | Tip and waistband conduct were insufficient to create reasonable suspicion at initial command | At the moment of the command there was not reasonable suspicion, but no Fourth Amendment seizure occurred because defendant did not submit to authority before fleeing |
| Whether post‑flight pursuit and seizure were supported by reasonable suspicion (and whether weapon seizure was lawful) | Unprovoked flight combined with tip and waistband conduct gave officers reasonable suspicion to pursue; weapon discovered on tackle/plain‑touch valid | Flight does not cure an initially unlawful stop; evidence should be suppressed | Once defendant fled, his headlong flight provided reasonable suspicion to pursue; tackle was a seizure and recovery of the gun was lawful under plain‑touch/wardlow principles |
| Whether the trial court committed structural error by denying the right to proceed pro se | Court properly preserved defendant’s request, advised him, left motion open | Court allegedly denied right to self‑representation | No structural error: court did not deny the motion—request remained open and defendant later withdrew it |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (Terry stop standard: reasonable, articulable suspicion)
- Alabama v. White, 496 U.S. 325 (anonymous tip may support stop only with indicia of reliability)
- California v. Hodari D., 499 U.S. 621 (a show of authority becomes a seizure only if the subject submits or is physically restrained)
- Illinois v. Wardlow, 528 U.S. 119 (unprovoked flight is relevant to reasonable suspicion)
- Brendlin v. California, 551 U.S. 249 (submission to authority depends on pre‑show‑of‑authority conduct)
- People v. Thomas, 198 Ill. 2d 103 (flight prevents an unlawful stop from becoming a Fourth Amendment seizure)
- People v. Jackson, 389 Ill. App. 3d 283 (removal of hands in response to officer’s command can be submission to authority)
- People v. Mitchell, 165 Ill. 2d 211 (plain‑touch/plain‑view doctrine supports seizure when officer lawfully feels contraband)
- People v. Wright, 41 Ill. 2d 170 (application of plain‑view principles)