People v. Maxey
2011 IL App (1st) 100011
Ill. App. Ct.2011Background
- Defendant Lamarr Maxey was charged with three counts of attempted aggravated robbery stemming from aOctober 8–9, 2008 incident at Hector’s Upholstery Store in Chicago.
- Defendant moved to quash his arrest and suppress evidence, arguing the initial detention lacked reasonable suspicion or probable cause.
- Officer Sweeney stopped a red/burgundy car with temporary plates within minutes of radio broadcasts describing the suspect and vehicle.
- Witnesses from the scene and 911 calls described a Black male, tall (about 6'2"), slender, wearing a light blue cap and vest, who fled toward the south after the robbery.
- Defendant was detained, transported to the scene, and identified by four witnesses; officers arrested him shortly thereafter.
- The trial court granted suppression, ruling there was no probable cause; the State appealed seeking reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to stop the vehicle and did it ripen into probable cause to arrest? | Maxey argues lack of reasonable suspicion to stop and no probable cause to arrest. | Maxey contends the stop/arrest based on unreliable, incomplete information. | Yes; the stop was justified by reasonable suspicion that ripened into probable cause. |
| Did showing up at the crime scene and identification by witnesses convert the stop into an unlawful seizure? | State contends identification at scene supports continued investigation, not unlawful seizure. | Maxey asserts the stop/arrest remained invalid due to initial illegality. | No; transportation for immediate identification did not render the stop unlawful. |
| Was the relied-upon information from 911 and radio transmissions reliable enough to justify a Terry stop? | State asserts corroborated, consistent eyewitness reports and radio description sufficed. | Maxey claims unreliability and inconsistencies undermine the stop. | Yes; the totality of reliable, corroborated information supported the Terry stop. |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable-cause standard is flexible; not require probable truth)
- Knowles v. Iowa, 525 U.S. 113 (U.S. 1998) (vehicle stops under Terry principles)
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (stop legality depends on observed objective facts)
- People v. Lippert, 89 Ill.2d 171 (Ill. 1982) (showups may be justified by circumstances)
- People v. Bennett, 376 Ill. App. 3d 554 (Ill. App. 2007) (limits and scope of Terry stops; showups context)
- People v. Ross, 317 Ill. App. 3d 26 (Ill. App. 2000) (reasonableness of stop based on proximity and description)
- People v. Jones, 215 Ill. 2d 261 (Ill. 2005) (reasonable suspicion standard for stops)