2019 IL App (1st) 171377
Ill. App. Ct.2019Background
- On Oct. 16, 2016, CPD Sgt. Ricky Rivera, on directed patrol of a high‑threat gang conflict zone (3800 block W. 30th St.), observed two males make eye contact with his unmarked squad car and break apart.
- Defendant Giovanni Salgado repeatedly grasped and adjusted an object in his front waistband and displayed a visible bulge while Rivera approached with his body camera recording.
- Rivera asked if Salgado had weapons; Salgado said no, refused to lift his shirt, then grabbed the object; Rivera placed his hand on the object and recovered a loaded 9mm handgun with the serial number scratched out.
- Salgado was arrested and charged with defacing firearm identification marks and aggravated unlawful use of a weapon (AUUW); the FOID/CCL absence was stipulated.
- The trial court denied Salgado’s motion to quash arrest and suppress; following a bench trial he was convicted, sentenced to 25 months, and appealed arguing the stop and search were unreasonable.
Issues
| Issue | Plaintiff's Argument | Salgado's Argument | Held |
|---|---|---|---|
| Validity of investigatory stop (Terry seizure) | Officer had reasonable suspicion given high‑crime area, defendants’ departure on eye contact, breaking apart, and repeated movements to waistband | Officer’s exit from moving vehicle and approach constituted a seizure; stop was therefore unreasonable | Stop was justified. No seizure until hand contact; even if approached, totality (high‑crime area + evasive, waistband fixation) gave reasonable suspicion |
| Validity of pat‑down/search for weapons | Rivera reasonably believed Salgado was armed and dangerous when Salgado grabbed waistband and bulge was visible; limited search to ensure officer safety was proper | Rivera should have verified lawful licensure (FOID/CCL) before pat‑down; placing hand on waistband was an unreasonable search | Pat‑down/search was lawful under Terry. Officer need not be certain but may act on reasonable belief a person is armed; no requirement to rule out licensure first |
| Suppression and conviction | Evidence was admissible; conviction supported | Requested suppression and outright reversal | Motion to quash/suppress denied; conviction and sentence affirmed |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (authorizes brief investigatory stops and limited weapon pat‑downs when officer has reasonable suspicion and reasonably believes suspect may be armed)
- Minnesota v. Dickerson, 508 U.S. 366 (1993) (describes scope of Terry‑type searches and permissible inquiries)
- Florida v. Bostick, 501 U.S. 429 (1991) (approach/consent framework: an officer approaching and asking questions does not by itself constitute a seizure)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (presence in a high‑crime area plus unprovoked flight or evasive behavior supports reasonable suspicion)
- McArthur, 531 U.S. 326 (2001) (recognizes exceptions to warrant requirement in special circumstances)
- People v. Flowers, 179 Ill. 2d 257 (1997) (distinguishes validity of investigatory stops from validity of weapons searches under Terry)
- People v. Colyar, 2013 IL 111835 (officer need not be absolutely certain defendant is armed; reasonable belief suffices for safety‑based pat‑downs)
- People v. Pitman, 211 Ill. 2d 502 (2004) (standard of review for suppression rulings)