Sunday, February 21, 2010

Reasonable Suspicion -- Illinois is one of the toughest states in the country

If you aren't sure you have reasonable suspicion to stop someone, you should simply engage the suspect in a tier 1 contact if the suspect is on foot, or get a legitimate traffic stop if the suspect is in a vehicle.

Pedestrian Suspects
An officer drove into an apartment parking lot at 3:30 am. The lot was a high crime area where there had been numerous car burglaries. Kipler came out from behind a dumster and walked across the parking lot. The officer stopped him.

The Illinois Court of Appeals ruled that the facts did not constitute reasonable suspicion. Therefore the stop was unconstitutional.

Suspects in Vehicles
An officer sees a guy, Cordero, parked in a parking lot where all the stores are closed. His car is apparently the only car in the lot. As the officer drives up to the Cordero the guy drives off. The officers stops Cordero and determines that he is drunk.

The Illinois Court of Appeals ruled that the facts did not constitute reasonable suspicion. There fore the stop is unconstitutional.

Think about what I am stating -- Illinois is about the toughest state in the country on reasonable suspicion. If you aren't sure if you have it, try to do a contact if the suspect is on foot and or get a traffic violation if the suspect is in a car.

Best -

DA

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