People v. Jackson
979 N.E.2d 965
Ill. App. Ct.2012Background
- Defendant Tommy Jackson was convicted of two counts of unlawful use of a weapon by a felon after a suppression hearing and bench trial.
- An officer observed Jackson with a backpack at night, noted rapid pace and attention toward the patrol car, then stopped him for field questioning.
- The officers conducted a protective patdown of Jackson and, during removal of the backpack, felt a large object later identified as a loaded handgun.
- The stop occurred in a claimed high-violence/high-narcotics area and involved Jackson’s erratic behavior, including moving arms and failing to keep hands on a vehicle.
- The trial court denied suppression; the appellate court affirmed, and mittimus was corrected to reflect a single conviction; Garcia dissented.
- The majority affirmed the denial of the suppression motion, holding the stop and frisk justified under Terry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion | Jackson: no reasonable suspicion | State: high-crime area plus erratic behavior | Yes; totality supported stop |
| Whether the frisk was justified after a lawful stop | Jackson: not justified | State: safety justified patdown | Yes; frisk justified by area and behavior |
| Whether area and behavior established reasonable suspicion under Wardlow and related cases | Wardlow undermines high-crime-area justification | Area and bizarre conduct corroborate suspicion | Yes; factors together supported reasonable suspicion |
Key Cases Cited
- People v. Wardlow, 528 U.S. 119 (2000) (flight in high-crime area supported stop; high-crime area testimony sufficient in Wardlow)
- People v. Wardlow (Ill. Sup. Ct.), 183 Ill. 2d 306 (1998) (uncontradicted testimony sufficed to establish high-crime area)
- People v. Harris, 2011 IL App (1st) 103382 (2011) (limits on bare high-crime-area statements; need for factual basis)
- In re F.R., 209 Ill. App. 3d 274 (1991) (high-crime area with actual observations supports stop)
- Ocampo, 377 Ill. App. 3d 150 (2007) (stop lacking area knowledge fails)
- Surles, 2011 IL App (1st) 100068 (2011) (supports presence in high-crime area alone insufficient)
- People v. Gherna, 203 Ill. 2d 165 (2003) (limits on Terry stop)
- People v. Davis, 352 Ill. App. 3d 576 (2004) (nervousness alone not enough for frisk)
- People v. Galvin, 127 Ill. 2d 153 (1989) (protective patdown requires armed-and-dangerous belief)